Kansas Bankruptcy Guide

Kansas Bankruptcy Overview

Kansas offers some of the most generous bankruptcy protections in the United States, featuring an unlimited homestead exemption on qualifying property and a remarkably high $20,000 vehicle exemption. Understanding Kansas's specific exemptions and requirements is crucial for protecting your assets during bankruptcy proceedings.

Kansas law requires that you use Kansas state exemptions rather than federal exemptions if you've lived in Kansas for at least 730 days (two years) before filing. This is actually beneficial for most Kansas residents, as the state exemptions are significantly more protective than federal exemptions in most categories. This guide covers everything you need to know about filing Chapter 7 or Chapter 13 bankruptcy in Kansas.

2026 Kansas Median Income for Chapter 7 Bankruptcy

To qualify for Chapter 7 bankruptcy in Kansas, your household income must generally be at or below the state median income for your household size. If your income exceeds these thresholds, you may still qualify through the means test or may need to file Chapter 13 instead.

Kansas Bankruptcy Exemptions

Exemptions determine what property you can keep when filing bankruptcy. Kansas has its own set of exemptions, and you must use Kansas state exemptions if you've lived in Kansas for at least two years before filing. Kansas does not allow you to choose federal exemptions. Below are the most important exemptions for Kansas filers.

Kansas Homestead Exemption

Unlimited value on up to 1 acre within a city or town, or up to 160 acres on a farm.

Kansas's homestead exemption is among the most protective in the nation, offering unlimited dollar value protection for your primary residence as long as it meets the acreage requirements. This means whether your home is worth $60,000 or $600,000, the equity in your homestead is fully protected in bankruptcy if it qualifies.

The key limitation is on the size of the property, not the value:

• Urban/City Property: Up to 1 acre if located within the limits of an incorporated city or town
• Rural/Farm Property: Up to 160 acres if used as a farming homestead

Kansas Vehicle Exemption

Up to $20,000 in value.

Kansas offers one of the highest vehicle exemptions in the United States at $20,000 of equity. This is equity—meaning the vehicle's fair market value minus what you owe on any car loans. For example, if your car is worth $25,000 and you owe $8,000, your equity is $17,000, which is fully protected under Kansas's exemption.

This generous exemption means that most Kansas residents can protect their vehicles in bankruptcy, even if they own newer or more valuable cars. It's particularly beneficial for those who need reliable transportation for work or who live in rural areas where a vehicle is essential.

Kansas Personal Property Exemptions

Kansas provides specific exemptions for various types of personal property:

• Household Goods and Furnishings: Unlimited protection for furniture, appliances, and other household goods "reasonably necessary" for one household
• Clothing: Unlimited protection for all clothing reasonably necessary
• Books and Documents: Unlimited protection for books, documents, furniture, and equipment used for professional, educational, or vocational purposes
• Jewelry and Articles of Adornment: Up to $1,000 total
• Cash Value Life Insurance: Unlimited protection for life insurance policies and proceeds
• Tax-Exempt Retirement Accounts: Unlimited protection for 401(k)s, IRAs (subject to federal limits around $1.5 million), pensions, and other qualified retirement plans
• Burial Plot: Unlimited protection for a burial plot or crypt
• Domestic Animals and Pets: Unlimited protection for household pets
• Firearms: Unlimited protection for firearms and sporting equipment

Kansas Wage and Income Exemptions

• Wages: Up to 75% of disposable weekly earnings, or 30 times the federal minimum wage (whichever is greater), is protected from creditors
• Social Security Benefits: Unlimited protection
• Veterans Benefits: Unlimited protection
• Unemployment Benefits: Unlimited protection
• Workers' Compensation: Unlimited protection
• Disability Benefits: Unlimited protection
• Public Assistance: Unlimited protection for general assistance, aid to families with dependent children, and other public aid

Kansas vs. Federal Exemptions

Unlike some states that allow bankruptcy filers to choose between state and federal exemptions, Kansas requires that you use Kansas state exemptions if you meet the residency requirements (730 days living in Kansas before filing).

The federal exemption system is not available to Kansas residents. This is actually beneficial for Kansas filers because:

• Kansas's unlimited homestead exemption far exceeds the federal homestead exemption (currently $27,900, or $55,800 for married couples)
• Kansas's $20,000 vehicle exemption is significantly higher than the federal $4,450 vehicle exemption
• Kansas's unlimited protection for household goods and professional equipment is more generous than federal limits

Kansas Bankruptcy Court

Kansas has a single federal bankruptcy court district that covers the entire state. The U.S. Bankruptcy Court for the District of Kansas has courthouses in multiple cities to serve residents throughout the state.

District of Kansas Court Locations

The District of Kansas has four courthouse locations:

• Wichita: 401 North Market Street, Wichita, KS 67202 (Main Courthouse)
• Kansas City: 500 State Avenue, Kansas City, KS 66101
• Topeka: 444 SE Quincy Street, Topeka, KS 66683
• Hutchinson: 401 North Main Street, Hutchinson, KS 67501

Cost of Filing Bankruptcy in Kansas

The total cost of filing bankruptcy in Kansas includes both court filing fees and attorney fees. Here's what to expect:

Court Filing Fees (2026)

• Chapter 7: $338
• Chapter 13: $313

These fees are set by federal law and are the same nationwide. In Chapter 7, you may be able to request a fee waiver if your income is below 150% of the federal poverty line, or you may request to pay the filing fee in installments over 120 days.

Attorney Fees in Kansas

Attorney fees for bankruptcy in Kansas vary by location, case complexity, and the attorney's experience. Here are typical ranges by city:

• Wichita: $1,000 - $1,700 for Chapter 7; $2,800 - $4,000 for Chapter 13
• Overland Park: $1,100 - $1,800 for Chapter 7; $2,900 - $4,200 for Chapter 13
• Kansas City: $1,100 - $1,800 for Chapter 7; $2,900 - $4,200 for Chapter 13
• Olathe: $1,100 - $1,700 for Chapter 7; $2,800 - $4,100 for Chapter 13
• Topeka: $1,000 - $1,600 for Chapter 7; $2,700 - $3,900 for Chapter 13
• Lawrence: $1,000 - $1,600 for Chapter 7; $2,700 - $3,900 for Chapter 13

Chapter 13 attorney fees are typically paid through your repayment plan over 3-5 years, making bankruptcy more accessible even if you cannot afford the full fee upfront. Many Chapter 7 attorneys also offer payment plans for their fees.

Kansas-Specific Bankruptcy Considerations

Farming Operations and Agricultural Property

Kansas's 160-acre farm homestead exemption is designed to protect family farmers. If your homestead is used for agricultural purposes, you can protect up to 160 acres regardless of value. This is particularly important in Kansas, where agriculture is a significant part of the economy.

If your farming operation exceeds 160 acres, additional acreage is not protected under the homestead exemption and could potentially be sold by the bankruptcy trustee. Farmers with substantial land holdings should also consider Chapter 12 bankruptcy, which is specifically designed for family farmers and offers more flexibility than Chapter 13.

Kansas Property Tax Exemptions and Bankruptcy

Kansas offers homestead property tax refunds for low-income homeowners and renters. Filing bankruptcy does not affect your eligibility for this program. You can continue to receive your homestead property tax refund even while your bankruptcy case is pending or after it's completed.

Mobile Homes and Manufactured Housing

In Kansas, mobile homes and manufactured housing can qualify for the unlimited homestead exemption if they are your primary residence and meet the acreage requirements (1 acre in cities, 160 acres on farms). This is true whether the mobile home is on land you own or in a mobile home park, though if you don't own the land, the unlimited protection extends only to the mobile home itself.

High-Value Vehicles in Kansas

Kansas's $20,000 vehicle exemption is one of the highest in the nation. This means you can protect vehicles that would be at risk in many other states. If you have a newer truck, SUV, or car worth up to $20,000 in equity (after subtracting what you owe), it's fully protected. For those with multiple vehicles, note that the $20,000 exemption applies to one vehicle—additional vehicles would need to be protected under other exemptions or may be at risk.

Married Couples and Joint Filing

Married couples filing jointly in Kansas can sometimes benefit from doubling certain exemptions (like the $1,000 jewelry exemption, for a total of $2,000), though the unlimited homestead exemption is not doubled—it's already unlimited for joint filers on qualifying property. When filing jointly, both spouses' assets are considered together when applying exemptions.

Kansas Bankruptcy FAQs

How long does Chapter 7 bankruptcy take in Kansas?

A typical Chapter 7 bankruptcy case in Kansas takes about 4-6 months from filing to discharge. The 341 Meeting of Creditors usually occurs 30-45 days after filing, and the discharge is typically granted 60-90 days after the meeting, assuming no complications or objections arise.

Can I keep my home in Kansas bankruptcy with the unlimited homestead exemption?

Yes, in most cases. Kansas's unlimited homestead exemption means you can keep your home regardless of its value, as long as it's on 1 acre or less within a city/town, or 160 acres or less on a farm. You must continue making mortgage payments if you have a home loan, and you must use the property as your primary residence. If you're behind on mortgage payments, Chapter 13 may be a better option to catch up while keeping your home.

Can I protect a $15,000 car in Kansas bankruptcy?

Yes, absolutely. Kansas's vehicle exemption is $20,000 in equity, so a vehicle with $15,000 in equity (or $15,000 in value if owned free and clear) is fully protected. This is one of the highest vehicle exemptions in the nation and allows Kansas residents to protect reliable, newer vehicles during bankruptcy.

What happens if my property exceeds Kansas's acreage limits?

If your urban property exceeds 1 acre, or your farm exceeds 160 acres, only the first 1 or 160 acres (including your residence) are protected by the unlimited homestead exemption. The equity in excess acreage could potentially be liquidated by the bankruptcy trustee in Chapter 7. If you have substantial acreage beyond these limits, consult with a Kansas bankruptcy attorney about your options, which might include Chapter 13.

Do I have to use Kansas exemptions or can I use federal exemptions?

If you've lived in Kansas for at least 730 days (two years) before filing bankruptcy, you must use Kansas state exemptions. Kansas does not allow filers to choose federal exemptions. This is beneficial because Kansas exemptions are generally more protective than federal exemptions, especially for homesteads and vehicles.

What does "reasonably necessary" mean for Kansas exemptions?

Kansas uses "reasonably necessary" as the standard for household goods, furnishings, and professional equipment exemptions rather than setting specific dollar limits. This means you can protect what a typical household or professional would need. Normal furniture, appliances, work tools, and equipment are protected. However, extremely lavish items or excessive quantities might not be considered reasonably necessary by the bankruptcy trustee.

Can I file bankruptcy on my own in Kansas without an attorney?

While it's legally possible to file bankruptcy without an attorney (called filing "pro se"), it's generally not recommended. Bankruptcy law is complex, and mistakes in your filing can result in losing property you could have protected, having your case dismissed, or being denied a discharge. Most Kansas attorneys offer free or low-cost initial consultations, and Chapter 13 attorney fees can be paid through your repayment plan.

How does bankruptcy affect my credit score in Kansas?

Bankruptcy will negatively impact your credit score initially, typically dropping it by 130-200 points for those with previously good credit. A Chapter 7 bankruptcy remains on your credit report for 10 years, while Chapter 13 remains for 7 years. Many Kansas filers find they can qualify for new credit within 2-3 years after discharge, especially if they practice good credit habits post-bankruptcy.

Will I lose my tax refund if I file bankruptcy in Kansas?

Tax refunds in Kansas bankruptcy must be protected using available exemptions. The Earned Income Tax Credit (EITC) portion has special federal protections. For other portions of your refund, you may need to use your available exemptions for personal property. Many Kansas attorneys recommend strategic timing of your bankruptcy filing relative to when you'll receive your refund to maximize protection.

How much does it cost to file bankruptcy in Kansas?

The court filing fee is $338 for Chapter 7 and $313 for Chapter 13. Attorney fees in Kansas typically range from $1,000-$1,800 for Chapter 7 and $2,700-$4,200 for Chapter 13, depending on your location and case complexity. Many attorneys offer payment plans, and Chapter 13 attorney fees are usually paid through your repayment plan over time.

Can married couples file bankruptcy together in Kansas?

Yes, married couples can file a joint bankruptcy petition in Kansas, which often costs only slightly more than a single filing but discharges debts for both spouses. Some exemptions can be doubled when filing jointly (like the jewelry exemption), though the homestead exemption is already unlimited for either individual or joint filers on qualifying property.

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