Kansas has opted out of the federal exemptions for all debtors,
regardless of residency. “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.“ Kan. Stat. Ann. § 60-2312(a). “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.” Kan. Stat. Ann. § 60-2312(b).

Nonresident debtors, therefore, must use the federal
exemptions under the saving provision because Kansas
denies them use of the state exemptions also. In re Fabert,  
2008 WL 104104 (Bankr.D.Kan.2008) (debtor fits squarely
within the saving provision because applicable state denies
debtor its exemptions); In re Nickerson, 375 B.R. 869 (Bankr.W.
D.Mo.2007) (debtors who are unable to take advantage of
Kansas state exemptions because they no longer reside in that
state may use the federal exemptions under the saving
provision).

Additional cases lend support. In re West, 352 B.R. 905 (Bankr.
M.D.Fla.2006) (because debtor was not resident of Indiana
and its exemptions were limited to residents, its exemptions
were not available to her and debtor was eligible for the
federal exemptions under the saving provision); In re Jewell,
2006 WL 2258363 (Bankr.W.D.N.Y.2006) (debtors, who were
not residents of Colorado on date of filing were not eligible for
its exemptions because its exemptions were limited to residents
but debtors were eligible for federal exemptions under the
saving provision); In re Crandall, 2006 WL 2051367 (Bankr.M.
D.Fla.2006) (because debtor was not domiciled in New York on
the date of filing, and its exemptions were limited to
domiciliaries, debtor was eligible for federal exemptions under
the saving provision); In re Underwood, 342 B.R. 358 (Bankr.N.
D.Fla.2006) (savings provision would entitle debtor to federal
exemptions if Colorado’s opt-out applied to her); In re
Robedee, 2007 WL 1576139 (S.D.Fla. 2007) (if applicable
state provides no exemptions to nonresidents, they may use
the federal exemptions under the saving provision).