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.
Notes of Decisions
Lampe v. Iola Bank & Trust (In Re Lampe), 278 B.R. 205 (10th Cir. BAP 2002).
· cites it 24× “This case requires us to construe the Kansas exemption statute applicable to "tools of the trade," Kan. Stat. Ann. § 60-2304 (e). Donald R. and Sheila L.”
In Re Kobs, 163 B.R. 368 (Bankr. D. Kan. 1994).
· cites it 20× “K.S.A. § 60-2304 (1991 Supp.) An examination of subparagraph (e) of the statute shows that for the purpose of this analysis, its elements are: 1.”
Seel v. Wittman, 173 B.R. 734 (D. Kan. 1994).
· cites it 15× “The debtors filed a response in which they added the argument that the lawn mower was exempt as a household good under K.S.A. 60-2304(a) if it was found not to be exempt as a tool of the trade.”
Lampe v. Williamson (In Re Lampe), 331 F.3d 750 (10th Cir. 2003).
· cites it 3× “Upon filing a joint Chapter 7 petition, the Lampes each claimed as exempt from the bankruptcy estate $7500 worth of “tools of the trade” exemptions under Kan. Stat. Ann. § 60-2304 (e) for certain farm equipment.”
In Re Frierson, 15 B.R. 157 (Bankr. D. Kan. 1981).
· cites it 12× “That the debtors claimed said exemptions under the Kansas exemption statute, K.S.A. 60-2304(1) and 60-2304(5). 5. That the debtors were self-employed, engaged in concrete and asphalt construction.”
Nohinek v. Logsdon, 628 P.2d 257 (Kan. Ct. App. 1981).
· cites it 6× “We note that on April 26, 1980, the Kansas Legislature amended K.S.A. 60-2304 to its present form. L. 1980, ch.”
Davis v. Weddington (In Re Weddington), 457 B.R. 102 (Bankr. D. Kan. 2011).
· cites it 5× “The Debtor’s Principal Trade, § 522(b) and Tools Exemption, Kan. Stat. Ann. § 60-2304 .(e) Weddington claimed fiberglass hunting stands and feeders as exempt tools of his trade pursuant to the Kansas exemption statute, KaN.”
Ferguson v. Cent. Nat'l Bank of Junction City (In Re Ferguson), 67 B.R. 246 (D. Kan. 1986).
· cites it 9× “The relevant Kansas statute is K.S.A. 60-2304(1), which provides: Every person residing in this state will 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: (1) The…”
In Re Spencer, 362 B.R. 489 (Bankr. D. Kan. 2006).
· cites it 4× “Kan. Stat. Ann. § 60-2304 (a) is the Kansas exemption for "household goods.”
In Re Williams, 9 B.R. 228 (Bankr. D. Kan. 1981).
· cites it 4× “One vehicle, a Mercury, was sought pursuant to K.S.A. § 60-2304(3) as a means of conveyance.”
In Re Currie, 34 B.R. 745 (D. Kan. 1983).
· cites it 4× “SFCU cites no cases and this Court finds no authority for the proposition that a security agreement designation of collateral as consumer goods defeats the exemption of said collateral as tools of trade under K.S.A. 60-2304(5) and defeats lien avoidance under § 522(f)(2)(B).”
In Re Sauer, 403 B.R. 722 (Bankr. D. Kan. 2009).
· cites it 5× “at 730-31 where the personal property exemption at K.S.A. 60-2304 is cited as an example. 48 .”
— K.S.A. § 60-2304(1) — 7 cases
Nohinek v. Logsdon, 628 P.2d 257 (Kan. Ct. App. 1981).
“We note that on April 26, 1980, the Kansas Legislature amended K.S.A. 60-2304 to its present form. L. 1980, ch.”
Ferguson v. Cent. Nat'l Bank of Junction City (In Re Ferguson), 67 B.R. 246 (D. Kan. 1986).
“The relevant Kansas statute is K.S.A. 60-2304(1), which provides: Every person residing in this state will 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: (1) The…”
In Re Frierson, 15 B.R. 157 (Bankr. D. Kan. 1981).
“That the debtors claimed said exemptions under the Kansas exemption statute, K.S.A. 60-2304(1) and 60-2304(5). 5. That the debtors were self-employed, engaged in concrete and asphalt construction.”
— K.S.A. § 60-2304(3) — 4 cases
In Re Williams, 9 B.R. 228 (Bankr. D. Kan. 1981).
“One vehicle, a Mercury, was sought pursuant to K.S.A. § 60-2304(3) as a means of conveyance.”
— K.S.A. § 60-2304(5) — 9 cases
In Re Frierson, 15 B.R. 157 (Bankr. D. Kan. 1981).
“That the debtors claimed said exemptions under the Kansas exemption statute, K.S.A. 60-2304(1) and 60-2304(5). 5. That the debtors were self-employed, engaged in concrete and asphalt construction.”
In Re Currie, 34 B.R. 745 (D. Kan. 1983).
“SFCU cites no cases and this Court finds no authority for the proposition that a security agreement designation of collateral as consumer goods defeats the exemption of said collateral as tools of trade under K.S.A. 60-2304(5) and defeats lien avoidance under § 522(f)(2)(B).”
In Re Williams, 9 B.R. 228 (Bankr. D. Kan. 1981).
“One vehicle, a Mercury, was sought pursuant to K.S.A. § 60-2304(3) as a means of conveyance.”
— K.S.A. § 60-2304(a) — 5 cases
Seel v. Wittman, 173 B.R. 734 (D. Kan. 1994).
“The debtors filed a response in which they added the argument that the lawn mower was exempt as a household good under K.S.A. 60-2304(a) if it was found not to be exempt as a tool of the trade.”
In Re Spencer, 362 B.R. 489 (Bankr. D. Kan. 2006).
“Kan. Stat. Ann. § 60-2304 (a) is the Kansas exemption for "household goods.”
— K.S.A. § 60-2304(b) — 2 cases
— K.S.A. § 60-2304(c) — 8 cases
In Re Kobs, 163 B.R. 368 (Bankr. D. Kan. 1994).
“K.S.A. § 60-2304 (1991 Supp.) An examination of subparagraph (e) of the statute shows that for the purpose of this analysis, its elements are: 1.”
— K.S.A. § 60-2304(e) — 16 cases
In Re Kobs, 163 B.R. 368 (Bankr. D. Kan. 1994).
“K.S.A. § 60-2304 (1991 Supp.) An examination of subparagraph (e) of the statute shows that for the purpose of this analysis, its elements are: 1.”
Seel v. Wittman, 173 B.R. 734 (D. Kan. 1994).
“The debtors filed a response in which they added the argument that the lawn mower was exempt as a household good under K.S.A. 60-2304(a) if it was found not to be exempt as a tool of the trade.”
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