Filing Chapter 7 Bankruptcy in Kansas (2026)
Reviewed by DocDraft Legal Team · Kansas · Last updated August 18, 2026
Chapter 7 bankruptcy is federal law, but the property you keep is set by Kansas. Kansas is an opt-out state: under Kan. Stat. 60-2312 you must use Kansas exemptions and cannot choose the federal 522(d) list. Kansas is one of the most protective homestead states in the country, exempting your residence with no dollar cap so long as it sits within an acreage limit. This page explains the Kansas homestead under Kan. Stat. 60-2301 and the state constitution, the $20,000 vehicle exemption, wages and retirement protection, the means-test median income, and the single federal court where Kansans file. Chapter 7 discharges most unsecured debt but not most student loans, recent taxes, or child and spousal support.
Does Kansas use state or federal bankruptcy exemptions?
Kansas is an opt-out state. Under Kan. Stat. 60-2312 an individual debtor may not elect the federal 522(b)(1) exemptions, so you must use the Kansas exemption set. The one narrow exception is that Kansas still lets you add the federal 522(d)(10) exemptions for benefits such as alimony and certain retirement payments.
Can I keep my house if I file Chapter 7 in Kansas?
Usually yes. Kansas has one of the strongest homestead protections in the nation. Under Kan. Stat. 60-2301 and Article 15, Section 9 of the Kansas Constitution, your homestead is exempt with no dollar cap, limited only by size: one acre within a town or city, or 160 acres of farming land.
Can I keep my car if I file Chapter 7 in Kansas?
Usually yes if your equity is modest. Under Kan. Stat. 60-2304(c), Kansas exempts up to $20,000 of equity in one vehicle regularly used for transportation or for getting to and from work. If your car equity is at or below that figure, the vehicle is protected. Equity above $20,000 may be reachable by the trustee.
What is the income limit to file Chapter 7 in Kansas?
For cases filed on or after July 15, 2026, the U.S. Trustee median income figures for Kansas are $69,197 for one earner, $87,441 for two, $103,852 for three, and $125,971 for four, adding $11,100 per additional person. At or below your household figure, you pass the first part of the means test.
Kansas's Opt-Out Rule, Unlimited Homestead, and the District of Kansas Court
Kansas is a bankruptcy opt-out state. Under Kan. Stat. 60-2312 an individual debtor may not elect the federal 11 U.S.C. 522(b)(1) exemptions and must use Kansas exemptions, though the statute still lets a debtor add the federal 522(d)(10) benefits such as alimony and certain retirement payments. What makes Kansas distinctive is its homestead: under Kan. Stat. 60-2301 and Article 15, Section 9 of the Kansas Constitution, the family residence is exempt with no ceiling on value, capped only by acreage, one acre within a town or city, or 160 acres of farming land. That means a debtor with substantial home equity can often keep the house outright in Chapter 7. Kansas also exempts up to $20,000 of equity in one motor vehicle under Kan. Stat. 60-2304(c), household furnishings and clothing reasonably necessary for one year under 60-2304(a), and up to $7,500 in tools and other means of production for a trade or profession under 60-2304(e). Kansans file in a single court, the U.S. Bankruptcy Court for the District of Kansas, which sits in Kansas City, Topeka, and Wichita.
Relevant Laws
Kansas Homestead Exemption (Kan. Stat. 60-2301)
Exempts the family homestead with no dollar limit, capped only by size: one acre within a town or city, or 160 acres of farming land. Together with Article 15, Section 9 of the Kansas Constitution, this is the provision that lets many Kansas homeowners keep their house in Chapter 7 regardless of equity.
Kansas Opt-Out From Federal Exemptions (Kan. Stat. 60-2312)
Kansas's opt-out statute. It bars an individual debtor from electing the federal 11 U.S.C. 522(b)(1) exemptions, forcing use of the Kansas set, but expressly lets the debtor add the federal 522(d)(10) benefits such as alimony and certain retirement payments.
Kansas Personal Property and Vehicle Exemption (Kan. Stat. 60-2304)
Exempts up to $20,000 of equity in one vehicle used for transportation or getting to work, household furnishings and clothing reasonably necessary for one year, and up to $7,500 in tools and other means of production for a trade or profession.
Federal Bankruptcy Code Exemptions and Means Test (11 U.S.C. 522, 707)
The federal law behind Chapter 7. Section 522(b)(2) lets a state opt out of the federal 522(d) exemptions, which Kansas has done, and section 707(b) sets the means test measured against state median income.
Regional Variances
Kansas Chapter 7 Exemption Table
Homestead
Kan. Stat. 60-2301 and Article 15, Section 9 of the Kansas Constitution: no dollar cap. The residence is exempt regardless of value, limited only by size, one acre within a town or city or 160 acres of farming land. This is among the most protective homestead exemptions in the nation.
Motor vehicle
Kan. Stat. 60-2304(c): up to $20,000 of equity in one means of conveyance regularly used for transportation or for getting to and from work. Equity above $20,000 may be reachable by the trustee to pay unsecured creditors.
Wildcard
Kansas has no general dollar wildcard exemption. Instead protection comes from the specific categories, the unlimited homestead, the $20,000 vehicle, household goods, and tools of trade. Kan. Stat. 60-2312 also lets a debtor add the federal 522(d)(10) benefits on top of the Kansas set.
Personal property
Kan. Stat. 60-2304(a): furnishings, equipment, and supplies, including food, fuel, and clothing, reasonably necessary at the principal residence for one year, with no fixed dollar cap. Kan. Stat. 60-2304(e) adds up to $7,500 in tools, instruments, and other means of production for a trade or profession.
Wages
Kan. Stat. 60-2310: garnishment is limited to the federal cap, protecting the greater of 75 percent of the debtor's disposable weekly earnings or 30 times the federal minimum hourly wage. This shields the bulk of ordinary take-home pay from creditors.
Retirement
Kan. Stat. 60-2308: most pension, annuity, and retirement plan money is exempt, including qualified plans and IRAs, subject to the statute's exceptions. Kan. Stat. 60-2312 additionally allows the federal 522(d)(10) retirement and support benefits, and ERISA-qualified plans are separately excluded from the bankruptcy estate under federal law.
Suggested Compliance Checklist
Confirm the current Kansas means-test median income
Before you file days after startingCheck your household size against the U.S. Trustee Kansas median income figures in effect on your filing date, since these update periodically. For cases filed on or after July 15, 2026 the figures are $69,197 for one, $87,441 for two, $103,852 for three, and $125,971 for four, adding $11,100 per additional person.
Complete the pre-filing credit counseling course
Within 180 days before filing days after startingTake an approved credit counseling course from a provider authorized for the District of Kansas and keep the certificate. You must file it with your petition. Skipping this can get your case dismissed before your debts are addressed.
Value your assets against the Kansas exemptions
Before preparing your schedules days after startingValue your home, vehicle, household goods, and trade tools so you can match them to the Kansas exemptions: the unlimited homestead under Kan. Stat. 60-2301, up to $20,000 of car equity under 60-2304(c), and up to $7,500 in tools under 60-2304(e). Kansas is opt-out, so the federal 522(d) list is unavailable except 522(d)(10).
Prepare and file your petition and schedules
Filing day days after startingFile your petition, schedules, and exemption claims in the U.S. Bankruptcy Court for the District of Kansas, filing where you have lived for most of the prior 180 days. Filing triggers the automatic stay that pauses collection and garnishment.
Attend the 341 meeting and finish the debtor education course
Before discharge days after startingAttend the 341 meeting of creditors and answer the trustee's questions under oath, then complete the required post-filing financial management course and file the certificate. Both are required before the court will grant your discharge. An attorney can help with contested exemptions.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm the current Kansas means-test median income | Check your household size against the U.S. Trustee Kansas median income figures in effect on your filing date, since these update periodically. For cases filed on or after July 15, 2026 the figures are $69,197 for one, $87,441 for two, $103,852 for three, and $125,971 for four, adding $11,100 per additional person. | - | Before you file |
| Complete the pre-filing credit counseling course | Take an approved credit counseling course from a provider authorized for the District of Kansas and keep the certificate. You must file it with your petition. Skipping this can get your case dismissed before your debts are addressed. | - | Within 180 days before filing |
| Value your assets against the Kansas exemptions | Value your home, vehicle, household goods, and trade tools so you can match them to the Kansas exemptions: the unlimited homestead under Kan. Stat. 60-2301, up to $20,000 of car equity under 60-2304(c), and up to $7,500 in tools under 60-2304(e). Kansas is opt-out, so the federal 522(d) list is unavailable except 522(d)(10). | - | Before preparing your schedules |
| Prepare and file your petition and schedules | File your petition, schedules, and exemption claims in the U.S. Bankruptcy Court for the District of Kansas, filing where you have lived for most of the prior 180 days. Filing triggers the automatic stay that pauses collection and garnishment. | - | Filing day |
| Attend the 341 meeting and finish the debtor education course | Attend the 341 meeting of creditors and answer the trustee's questions under oath, then complete the required post-filing financial management course and file the certificate. Both are required before the court will grant your discharge. An attorney can help with contested exemptions. | - | Before discharge |
Frequently Asked Questions
Kansas places no dollar cap on the homestead. Under Kan. Stat. 60-2301 and Article 15, Section 9 of the Kansas Constitution, your residence is exempt regardless of value, limited only by size: one acre if it is within a town or city, or 160 acres of farming land. This makes Kansas one of the most protective homestead states in the country.
Under Kan. Stat. 60-2304(c), Kansas exempts up to $20,000 of equity in one means of conveyance regularly used for transportation, including getting to and from work. If your car equity is at or below $20,000, you generally keep the vehicle. Equity above that figure may be reachable by the trustee to pay unsecured creditors.
No. Chapter 7 discharges most unsecured debt like credit cards and medical bills, but it does not erase most student loans, recent income taxes, child support, or spousal support, and it will not discharge debts from fraud. Secured debts like a car loan remain unless you surrender the collateral or reaffirm the loan.
Kansas is a single federal judicial district, so you file in the U.S. Bankruptcy Court for the District of Kansas. The court holds hearings in Kansas City, Topeka, and Wichita. You file in this district if you have lived in Kansas for most of the prior 180 days, and the clerk assigns your case within the district.
Largely yes. Under Kan. Stat. 60-2310, Kansas follows the federal wage garnishment cap, protecting the greater of 75 percent of disposable weekly earnings or 30 times the federal minimum wage. Under Kan. Stat. 60-2308, most pensions and retirement plans are exempt, and Kan. Stat. 60-2312 also lets you add the federal 522(d)(10) retirement benefits.
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