Legal Question in Bankruptcy in Kansas

Kansas Opts Out of the Exemption Scheme

Kansas is amoung a list of states that does not participate in the ''exemption scheme''. If a person is filing a chapter 13, does the trustee take complete control of your property, paychecks and the like? If so, how does one prevent things such as family heirlooms (that may not have much resale value, but has much sentimental value) from being included in the trust?


Asked on 6/26/01, 10:11 am

1 Answer from Attorneys
Bonnie Selby Bonnie J. Selby, Attorney at Law

Re: Kansas Opts Out of the Exemption Scheme

If i understand your question correctly, KS does not accept the "Federal" exemptions, however, has it's own statutory exemptions which apply. If filing a Ch 13, u will have submitted a plan for repayment of a percentage of the debt. . .such a plan must be approved by the Court and is admistered by a trustee of your BR estate. . .where your paycheck goes depends on the plan u have submitted and the arrangement for monthly payments to the trustee. As for family heirlooms....if there is value there, the trustee will probably look at the feasibility of retaining, but if none of any great consequence, then probably not. Please tell me you are not filing Ch13 BR pro se. . .far too complicated to use self help....get legal counsel experienced in this area. Hope this helps.

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Answered on 7/05/01, 9:59 am


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