Printable Format60-2312. No right to elect exemptions under federal law, exception. (a) Except as provided in subsection (b), no person, as an individual debtor under the federal bankruptcy reform act of 1978 (11 U.S.C. § 101 et seq.), may elect exemptions pursuant to subsection (b)(1) of section 522 of such federal act.
(b) An individual debtor under the federal bankruptcy reform act of 1978 may exempt, in addition to any other exemptions allowed under state law, any property listed in subsection (d)(10) of section 522 of such federal act. The provisions of this subsection shall apply to any bankruptcy action which: (1) Is filed on or after July 1, 1986; or (2) was filed on or after April 26, 1980, and is pending or on appeal on July 1, 1986.
History: L. 1980, ch. 176, § 1; L. 1986, ch. 220, § 2; July 1.
Law Review and Bar Journal References:
"Bankruptcies in Kansas: A Need to Reform Our Exemption Laws?" Stuart A. Haney, 22 W.L.J. 286, 287 (1983).
"Agricultural Law: FmHA Farm Foreclosures, An Analysis of Deferral Relief and the Appeals System," Karen Kubovec McIlvain, 23 W.L.J. 287, 292 (1984).
"Counselling Debtors on Bankruptcy—Which Chapter to Choose," David J. Berkowitz, 53 J.K.B.A. 272 (1984).
"ERISA Retirement Benefits Under Bankruptcy Law—A Kansas Perspective," Kathy A. Stover, 55 J.K.B.A. No. 8, 18, 19, 20 (1986).
"Bankruptcy and Divorce in Kansas," J. Scott Pohl and C. J. Wahrman, 29 W.L.J. 551, 595 (1990).
"Bankruptcy: Debtor's Tools of the Trade are Defined by the "Use" Test [Heape v. Citadel Bank of Independence (In re Heape), 886 F.2d 280 10 th Cir. (1989)]," Craig Kendall, 30 W.L.J. 127, 134 (1990).
"Kansas Homestead Law," Roger L. Theis and Karl R. Swartz, 65 J.K.B.A. No. 3, 20, 44 (1996).
"There's No Place Like Home In Debtor's Paradise: The Tenth Circuit's Liberal Construction of the Kansas Homestead Exemption and the Doctrine of Equitable Conversion [Jenkins v. Hodes (In Re Hodes), 402 F.3d 1005 (10 th Cir. 2005)]," Molly E. McMurray, 45 W.L.J. 203 (2005).
CASE ANNOTATIONS
1. Kansas statute limits debtors to exemptions available under state law. Walnut Valley State Bank of El Dorado v. Coots, 60 B.R. 834, 835 (1986).
2. Bank's lien on tools on repossessed tools as possessory or nonpossessory security interest examined. In re Sanders, 61 B.R. 381, 383 (1986).
3. Under Kansas law, individual debtor must elect those exemptions provided by Kansas statutes. In re Ferguson, 67 B.R. 246, 248 (1986).
4. Vehicle used in business as real estate appraiser, not exempt from execution as "tool of trade." In re Bondank, 130 B.R. 586 (1991).
5. Whether debtors were entitled to exempt pickup truck and farm implements as tools of the trade examined. In re Kobs, 163 B.R. 368, 369 (1994).
6. Divorce order may order sale of homestead to satisfy joint marital debts after husband discharged therefrom in bankruptcy. In re Marriage of Beardslee, 22 K.A.2d 787, 793, 922 P.2d 1128 (1996).
7. Chapter 7 debtors entitled to exempt 75% of wages in their general checking account even though wages were no longer in control of employer. In re Adcock, 234 B.R. 815, 818 (1999).
8. $25,000 alimony judgment lien on former marital residence in Oklahoma divorce in favor of wife, now a Kansas resident, is exempt under Kansas law by virtue of Kansas adopting by reference the federal alimony exemption. In re Bentley, 245 B.R. 684, 685 (2000).
9. Tribal gaming per capita distributions, not exempt from bankruptcy estate under Kansas law or Potawatomi Tribal Code. In re McDonald, 353 B.R. 287, 292 (Bkrtcy D. Kan. 2006).
10. Tribal gaming per capita distributions, not exempt from bankruptcy estate as public assistance benefits. In re Hutchinson, 354 B.R. 523, 531 (Bkrtcy D. Kan. 2006).
11. Kansas has opted out of the federal plan and enacted its own homestead exemptions. In re Garstecki, 364 B.R. 95, 100 (2006).
12. Kansas has opted out of the federal homestead bankruptcy scheme. In re Murphy, 367 B.R. 711, 714 (2007).
13. Mortgage payment on homestead within 1,125 days of bankruptcy not applicable to $125,000 cap on homestead exemption rights, In re Anderson, 374 B.R. 848, 852 (2007).
14. Cited in discussion of insurance proceeds in bankruptcy proceeding and exemptions. In re Hall, 394 B.R. 582, 593 (2008).
15. Cited; Kansas has opted out of federal bankruptcy exemptions and enacted its own exemptions. In re Hall, 395 B.R. 722, 728 (2008).
16. Married but separated persons may not each claim a separate homestead exemption. In re Sauer, 403 B.R. 722 (2009).
17. Annuity that chapter 7 debtor received as settlement of a wrongful death claim held not exempt. Ortiz v. Rajala, 436 B.R. 133 (2010).