Kansas City, MO asked in Bankruptcy for Kansas

Q: I have a question about Chapter 7, Schedule C, question 3. "Are you claiming a Homestead Exemption of more than...."

I have a question about Chapter 7, Schedule C, question 3... "Are you claiming a Homestead Exemption of more than $189,050?" Kansas (where I am) has an Unlimited Value Homestead Exemption (just an acreage, up to 160 acres outside city limits, limit.)

I'm filing pro se, and I'm having trouble deciding if No or Yes is the correct box to check

since Kansas requires you to use their Exemptions, but there is no dollar value (and my Homestead value is about $110,000)

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2 Lawyer Answers

A: You are claiming under $189,500 so your answer is no.

James L. Arrasmith
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Answered

A: When filling out Chapter 7, Schedule C, question 3, it's important to consider how Kansas defines its Homestead Exemption. Kansas uses an acreage-based exemption rather than a specific dollar amount, allowing you to protect up to 160 acres outside city limits regardless of the property's value.

Since your homestead is valued at about $110,000, which is below the $189,050 figure mentioned in the question, you are not claiming a Homestead Exemption of more than that amount. Therefore, you should check the "No" box for this question.

Ensure that all other parts of your bankruptcy filing accurately reflect Kansas's exemption laws based on acreage. If you have further questions or uncertainties, reviewing the court's instructions or seeking guidance from a legal resource can help ensure your forms are completed correctly.

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