KANSAS OFFICE of
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60-2304. Personal property; articles exempt. Every person residing in this state shall have exempt from seizure and sale upon any attachment, execution or other process issued from any court in this state, the following articles of personal property:

(a) The furnishings, equipment and supplies, including food, fuel and clothing, for the person which is in the person's present possession and is reasonably necessary at the principal residence of the person for a period of one year.

(b) Ornaments of the debtor's person, including jewelry, having a value of not to exceed $1,000.

(c) Such person's interest, not to exceed $20,000 in value, in one means of conveyance regularly used for the transportation of the person or for transportation to and from the person's regular place of work, except that the value limitation specified in this subsection shall not apply when the means of conveyance is a vehicle designed or equipped, or both, for handicapped persons, as defined in K.S.A. 8-1,124 and amendments thereto.

(d) A burial plot or crypt or any cemetery lot exempt from process pursuant to K.S.A. 17-1302 and amendments thereto.

(e) The books, documents, furniture, instruments, tools, implements and equipment, the breeding stock, seed grain or growing plants stock, or the other tangible means of production regularly and reasonably necessary in carrying on the person's profession, trade, business or occupation in an aggregate value not to exceed $7,500.

(f) Any personal property exempt from process pursuant to K.S.A. 36-202, 48-245 or 84-2-326, and amendments thereto.

History: L. 1963, ch. 303, 60-2304; L. 1965, ch. 357, § 1; L. 1970, ch. 242, § 1; L. 1980, ch. 176, § 4; L. 1987, ch. 225, § 3; L. 1988, ch. 217, § 2; July 1.

Source or prior law:

G.S. 1868, ch. 38, § 3; R.S. 1923, 60-3504; L. 1937, ch. 269, § 1.

Cross References to Related Sections:

Responsibility as to attaching property claimed as exempt, see 60-706(b)(3).

Law Review and Bar Journal References:

"Some Comments on the New Code of Civil Procedure," Emmet A. Blaes, 12 K.L.R. 75, 80 (1963).

1963-65 survey of debtor-creditor law, Robert B. Morton, 14 K.L.R. 251, 260, 261 (1965).

Survey of Kansas law on real and personal property (1965-1969), 18 K.L.R. 427, 431 (1970).

Creditor's remedies under U.C.C., 25 K.L.R. 150, 156, 157 (1976).

"Professional Liability Insurance: Implication of Termination," Wayne T. Stratton, 77 J.K.M.S. 255, 257 (1976).

"Bankruptcies in Kansas: A Need to Reform Our Exemption Laws?" Stuart A. Haney, 22 W.L.J. 286, 288, 289, 291 (1983).

"Counselling Debtors on Bankruptcy—Which Chapter to Choose," David J. Berkowitz, 53 J.K.B.A. 272 (1984).

"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, 128 (1990).

"The Kansas Uniform Fraudulent Transfer Act," Leon B. Graves, 68 J.K.B.A. No. 6, 34 (1999).

"The Effect of Bankruptcy on Divorce Planning," Brenda J. Bell, Sharon Wright Kellstrom and Anne Burke Miller, 70 J.K.B.A. No. 3, 30 (2001).

"A Primer on Purchase Money Security Interests Under Revised Article 9 of the Uniform Commercial Code," Keith G. Meyer, 50 K.L.R. 143 (2001).

"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

Prior law cases, see G.S. 1949, 60-3504 and the 1961 Supp. thereto.

1. Distinction exists between this exemption and the unconstitutional privileges sought to be granted in 17-1725. Neely v. St. Francis Hospital & School of Nursing, 192 K. 716, 721, 722, 391 P.2d 155.

2. Right of exemption may be waived at time execution is levied. State v. Goering, 193 K. 307, 310, 392 P.2d 930.

3. "Reasonably necessary" does not mean indispensable; means goods necessary to standard of living; purpose of exemption. Nohinek v. Logsdon, 6 K.A.2d 342, 343, 344, 628 P.2d 257 (1981).

4. Section's household goods exception does not limit exemption to debtors equity or place any value limitations on exemption. In Re Noland, 13 B.R. 766, 767, 770 (1981).

5. Tools of the trade exception does not encompass a bank account containing working capital for debtors' business. In Re Freirson, 15 B.R. 157, 158, 159 (1981).

6. Debtor's pickup and trailer were tools of the trade which avoided lien; family auto not avoided. In re Curre, 34 B.R. 745, 746, 747, 748 (1983).

7. Truck was not exempt tool of trade; nonpossessory, nonpurchase money lien can't be avoided. In re Rice, 35 B.R. 431, 432, 433 (1983).

8. Cited; bank's in rem action on automobile lien surviving discharge of debtor in bankruptcy examined. Chandler Bank of Lyons v. Ray, 804 F.2d 577, 578 (1986).

9. Debtor's wife entitled to exemption for farm equipment where evidence established business primarily engaged in was farming. In re Oetinger, 49 B.R. 41, 42 (1985).

10. Liens on cattle avoidable under federal law to extent cattle were to be used for food within one year. In re Newbury, 70 B.R. 1 (1985).

11. Court required to determine that household furnishings reasonable and necessary to debtor's standard of living. Walnut Valley State Bank of El Dorado v. Coots, 60 B.R. 834, 836 (1986).

12. Bank's lien on tools on repossessed tools as possessory or nonpossessory security interest examined. In re Sanders, 61 B.R. 381, 383 (1986).

13. Farm income derived from landlord's share of crops did not preclude exemption of farm tools as tools of trade. In re Massonie, 67 B.R. 195, 197 (1986).

14. Repossessed household goods in hands of lender/creditor with nonpossessory, nonpurchase money security interest are not subject to exemption. In re Ferguson, 67 B.R. 246, 254 (1986).

15. Debtor could exempt from claims any farm tools used where debtor had assisted husband for 50 years in farming operation. In re Meckfessel, 67 B.R. 277 (1986).

16. Farmer debtor's wife, herself a farmer debtor, as not entitled to exempt farm equipment as tools of her trade examined. In re Goebel, 75 B.R. 385, 386 (1987).

17. Debtor's breeding stock not "tools of the trade" so as to avoid non-purchase money, nonpossessory lien thereon. In re Heape, 88 B.R. 577 (1988).

18. Livestock farmers' breeding livestock qualify as tool of trade for bankruptcy lien avoidance provision (11 U.S.C. § 522(f)). In re Heape, 886 F.2d 280, 283 (1989).

19. All items of household furnishings reasonably necessary for continuation of debtor's life-style are exempt regardless of value. In Re Chadwick, 113 B.R. 540, 542 (1990).

20. Vehicle used in business as real estate appraiser, not exempt from execution as "tool of trade." In re Bondank, 130 B.R. 586 (1991).

21. Historical form of "doctrine of necessaries," while unconstitutional, expanded to apply to husbands and wives equally. St. Francis Regional Med. Center, Inc. v. Bowles, 251 K. 334, 340, 836 P.2d 1123 (1992).

22. Whether debtor was entitled to exempt truck and farm implements as tools of the trade examined. In re Kobs, 163 B.R. 368, 369, 371, 374 (1994).

23. Whether local rule setting deadline for motion to avoid lien is invalid because it conflicted with bankruptcy code examined. In re McDonald, 161 B.R. 697, 698 (1993).

24. 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, 372 (1994).

25. Whether debtor had interest in partnership property to use bankruptcy lien avoidance provision on property claimed exempt examined. In re Kane, 167 B.R. 224, 225 (1993).

26. Whether lawn tractor used by debtor for both personal and business purposes was exempt as household good examined. Seel v. Wittman, 173 B.R. 734, 735 (1994).

27. Whether debtor could claim exemption for cosmetics inventory sold in course of occupation examined. In re McPheeters, 179 B.R. 680, 681 (1995).

28. Date of filing Chapter 13 action controlled availability of exemption for tools of trade ($5,000 in carpentry tools) not date when converted to chapter 7. In re Beshirs, 236 B.R. 42 (1999).

29. Ruling that debtors were entitled to tools-of-the-trade exemption for farming equipment was not clearly erroneous. In re Lampe, 278 B.R. 205, 209 (2002).

30. Debtor was entitled to tools-of-the-trade exemption in farm machinery. In re Kieffer, 279 B.R. 290, 293 (2002).

31. Debtor's claiming equipment as tools of the trade exempt under principal occupation test upheld. In re Thompson, 311 B.R. 822, 825 (2004).

32. Tools of the trade exemption denied where debtor was not engaged in trade when petition was filed. In re Cooper, 324 B.R. 133, 135 (2004).

33. Engagement ring not property of bankruptcy estate, ownership reverted to ex-financee when debtor broke engagement. In re Heck, 355 B.R. 813, 823 (Bkrtcy D. Kan. 2006).

34. Mentioned; in bankruptcy proceeding debtor claimed a "household goods" exemption in bank accounts; trustee did not object. In re Spencer 362 B.R. 489, 490 (2006).

35. Mentioned in bankruptcy proceeding; three elements discussed for valid vehicle exemption. In re Garstecki, 364 B.R. 95, 105 (2007).

36. Cited; Kansas homestead laws allow married debtors to claim separate homesteads when debtors actually live apart. In re Hall, 395 B.R. 722, 731 (2008).

37. Married but separated persons may not each claim a separate homestead exemption. In re Sauer, 403 B.R. 722 (2009).

38. Tools are exempt only when debtor is primarily engaged in the trade. In re Weddington, 457 B.R. 102 (Bankr. D. Kan. 2011).

39. Website and photographs served an integral purpose for debtor's business and thus were exempt from seizure or sale. In re MacMillan, 546 B.R. 213, 217 (D. Kan. 2015).

40. Burden of proof should rest on debtor to establish entitlement to personal property exemptions under Kansas law, but court bound by rule of stare decisis that burden of proof rests on the objecting party to establish that exemptions are not properly claimed. In re Lerner, 611 B.R. 409, 416 (Bkrtcy. D. Kan. 2019).


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