16 Sep How Much Is the Kansas Homestead Exemption in Bankruptcy?
Following up on Karen Oakes’ post about property exemptions, I will post a series of articles on the Kansas exemptions. Kansas is an opt-out state, which means state law controls what a debtor can keep in bankruptcy.
A Kansan may protect all the equity in his home when he files for bankruptcy. This protection, called the homestead exemption, has no dollar limit. It is limited by the size
of the land where the home is located.
Kansas city dwellers may exempt one acre of land. Folks living outside city limits may
exempt 160 acres of land. The home must be occupied as a residence by the owner or the family of the owner. The protection includes all the improvements on the land. Mobile and modular homes are protected even if the owner does not own the land underneath the home.
The homestead exemption does not stop collection of taxes, debts for the purchase or
the improvement of the home, or voluntary debts such as a mortgage or home equity loan.
The owner must be a Kansas resident and the home must be located in Kansas to take advantage f the Kansas homestead exemption.
Warning: the 2005 bankruptcy law amendments attempt to limit the homestead exemption in bankruptcy cases. You should discuss the past 10 years of your homeownership with your bankruptcy attorney to determine what law applies in your bankruptcy case and whether or not your home equity can be seized by the bankruptcy trustee.
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