60-2312.
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.
Notes of Decisions
Cited in
67
cases (
2 in the last 5 years), 1981–2025 · leading case:
In Re Urban
In Re Urban (2001)
ksb · cites it 6×
“Only K.S.A. § 60-2312, discussed above, refers to bankruptcy at all.”
In re Westby (2012)
ksb · cites it 4×
“K.S.A. § 60-2312 (prohibiting, with exception, individual debtors from electing federal exemptions).”
In Re Hutchinson (2006)
ksb · cites it 3×
“2003) (citing K.S.A. 60-2312). 12 . In re Robinson, 295 B.”
Lampe v. Iola Bank & Trust (In Re Lampe) (2002)
bap10 · cites it 2×
“Kan. Stat. Ann. § 60-2312 . The state exemption for tools of the trade provides that: [e]very person residing in [Kansas] shall have exempt from seizure and sale upon any attachment, execution or other process issued from any court in [Kansas], the .”
In Re McDonald (2006)
ksb · cites it 3×
“Therefore, pursuant to § 522(b) and K.S.A. 60-2312, their exemptions are limited to those allowed under Kansas law.”
In Re McCambry (2005)
ksb · cites it 4×
“However, K.S.A. § 60-2312 prohibits Kansas citizens from electing to use federal bankruptcy exemptions, with the exception of those delineated in § 522(d)(10).”
Lampe v. Williamson (In Re Lampe) (2003)
ca10
“See Kan. Stat. Ann. § 60-2312 . “When determining the validity of a claimed state law exemption, bankruptcy courts look to the applicable state law.”
Jenkins v. Hodes (2005)
ca10
“§ 522 (b)(1); Kan. Stat. Ann. § 60-2312 (1994). Kansas’ homestead exemption originally derived from the state Constitution and has subsequently been codified by statute: A homestead to the extent of .”
In Re Bentley (2000)
ksb · cites it 6×
“2 In 1980, Kansas enacted K.S.A. § 60-2312, providing: “No person, as an individual debtor under the federal bankruptcy reform act of 1978 ( 11 U.”
In Re Hayes (1994)
ksb · cites it 7×
“The briefs do not adequately address the questions raised by the debtor’s claim of exemption under K.S.A. § 60-2312 and 11 U.S.C. § 522 (d)(10).”
— K.S.A. § 60-2312(a) — 15 cases
In Re Urban (2001)
ksb
“Only K.S.A. § 60-2312, discussed above, refers to bankruptcy at all.”
In Re McCambry (2005)
ksb
“However, K.S.A. § 60-2312 prohibits Kansas citizens from electing to use federal bankruptcy exemptions, with the exception of those delineated in § 522(d)(10).”
In Re Hutchinson (2006)
ksb
“2003) (citing K.S.A. 60-2312). 12 . In re Robinson, 295 B.”
— K.S.A. § 60-2312(b) — 8 cases
In Re Hutchinson (2006)
ksb
“2003) (citing K.S.A. 60-2312). 12 . In re Robinson, 295 B.”
In Re McDonald (2006)
ksb
“Therefore, pursuant to § 522(b) and K.S.A. 60-2312, their exemptions are limited to those allowed under Kansas law.”
In Re Hayes (1994)
ksb
“The briefs do not adequately address the questions raised by the debtor’s claim of exemption under K.S.A. § 60-2312 and 11 U.S.C. § 522 (d)(10).”
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