Judgment Execution and Bankruptcy in Kansas
Your Kansas debt settlement attorney can and will advise you regarding the court judgment exemptions in the state of Kansas. Your attorney will tell you there are some things the creditor cannot “take” by way of execution of a judgment. There is an extensive list of these items in the Indiana state statutes. By enactment of laws exempting certain property from court judgment execution the State Legislature is trying to assure that a judgment debtor cannot be made completely destitute.
Moreover, the United States Federal Bankruptcy Code provides exemptions as to what can be taken from the debtor. The idea for these exemptions is the same as that regarding the exemption of certain items from execution under a court judgment.
The following is list of property exempted under the Bankruptcy
provisions of the state of Kansas:
PROPERTY
Real property or mobile home you occupy or intend to occupy to unlimited value; property cannot exceed 1 acre in town or city, 160 acres on farm
Burial plot or crypt
Clothing to last 1 year
Food and fuel to last 1 year
Funeral play prepayments
Furnishings and household equipment
Jewelry and articles of adornment up to $1,000
Motor vehicle to $20,000; if designed or equipped for disabled persons, no limit
INSURANCE
Fraternal life insurance benefits
Life insurance forfeiture value if file for bankruptcy over 1 year after policy issued
Life insurance proceeds all if policy has clause forbidding proceeds to be used to pay beneficiary’s creditors
Benefits from fraternal benefit society
PENSIONS
Elected and appointed officials in cities with population between 120,000 and 200,000
ERISA qualified benefits
Federal government pension needed for support and paid within 3 months of filing bankruptcy (only payments being received)
Judges
State highway patrol officers
Firefighters
Police officers
PUBLIC BENEFITS
AFDC, general assistance, social welfare
Crime victims’ compensation
Unemployment compensation
Workers’ compensation
WAGES
At least 75% of disposable weekly earnings for wages that have been earned but not yet paid.
Judge may allow larger exemption for low income debtor
TOOLS OF TRADE
Books, documents, furniture, instruments, equipment, breeding stock, seed, grain and stock to $7,500 total
Bankruptcy Courts:
U.S. Bankruptcy Court
401 North Market Street
Wichita, KS 67202
(316) 269-6486
U.S. Bankruptcy Court
500 State Avenue
Kansas City, KS 66101
(913) 551-6732
U.S. Bankruptcy Court
44 SE Quincy Street
Topeka, KS 66683
(913) 295-2750
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