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Public Assistance Exemptions

by Adam Mack

The purpose of bankruptcy is two-fold: to give the debtor a fresh start and to ensure that creditors get their fair share of the bankruptcy estate.  Debtors who receive public assistance, however, are already particularly vulnerable financially and so they receive additional protections.

Social Welfare Benefits Exemption
Pursuant to K.S.A. §39-717, anyone who is receiving social welfare from the state can claim that money as exempt in a bankruptcy in Kansas.  There is no limitation on dollar amount or time frame on this exemption.

Crime Victim Award Exemption
Pursuant to K.S.A. §74-7313, anyone who is receiving a crime victim award  can claim that money as exempt in a Kansas bankruptcy.  There is no limitation on dollar amount or time frame on this exemption.

Unemployment Benefits Exemption
Anyone who is receiving unemployment benefits can claim that money as exempt in a Kansas bankruptcy according to K.S.A. §44-718.  There is no limitation on dollar amount or time frame on this exemption.

Worker’s Compensation Award Exemption
Anyone who is receiving worker’s compensation  can claim that money as exempt in a bankruptcy in Kansas according to K.S.A. §44-514.  There is no limitation on dollar amount or time frame on this exemption.
 

Disclaimer

These articles are for general informational use and do not constitute legal advice. Since laws change over time, it’s possible some articles are out of date and for that reason, we make no representation that the articles are fully accurate. For actual, up-to-date legal advice (including a free consultation), please contact us!