How to file bankruptcy in Kansas

Kansas bankruptcy courts

Kansas has one bankruptcy court, the U.S. Bankruptcy Court for the District of Kansas.

• U.S. Bankruptcy Court, District of Kansas

Each court's website has its local rules, filing instructions for people without a lawyer, and the courthouse address.

Do you qualify for Chapter 7 in Kansas?

To file Chapter 7 you must pass the means test. It compares your household's average income over the last 6 months, multiplied by 12, with the median income for a household your size in Kansas. If you are at or below the median, you generally qualify.

For households larger than 4, add $11,100 for each additional person. Source: U.S. Trustee Program.

Use the Kansas means test calculator

If your income is above the median, you may still qualify after a second calculation that subtracts allowed expenses (Official Form 122A-2), or you can file Chapter 13 instead.

Filing fees

Bankruptcy filing fees are the same in every state: $338 for Chapter 7 and $313 for Chapter 13 (fees in effect since December 1, 2023). You can ask to pay in installments. In Chapter 7, you can ask the court to waive the fee if your household income is below 150% of the federal poverty line.

What property can you keep in Kansas?

Kansas requires you to use its own exemptions. It has "opted out" of the federal exemption list. You can find Kansas's exemptions in its statutes, and many bankruptcy courts publish a guide on their websites.

Some property is protected by federal law even when you use your state's list, including most retirement accounts (11 U.S.C. § 522(b)(3)(C)), Social Security benefits (42 U.S.C. § 407), and veterans' benefits (38 U.S.C. § 5301).

Separately, federal law limits a state homestead exemption to $214,000 for a home bought within about 40 months (1,215 days) before filing (11 U.S.C. § 522(p)). If you moved to Kansas within the last 2 years, the exemptions of the state you lived in before may apply instead.

How to file in Kansas, step by step

1. Take a credit counseling course from an approved agency within 180 days before you file.
2. Gather your documents: pay stubs, tax returns, bank statements, bills, and a list of everything you own and owe.
3. Fill out the official forms. Our free filing tool fills in the official court forms with your answers.
4. File with the bankruptcy court for your district in Kansas and pay the filing fee, or apply to pay in installments or have it waived.
5. Attend the meeting of creditors (the "341 meeting"), usually 3 to 6 weeks after filing.
6. Take a debtor education course and file the certificate. In Chapter 7, you usually receive your discharge a few months after filing.