Missouri State Bankruptcy Exemption List
Only State Exemptions Allowed
In the state of Missouri you can not use the federal bankruptcy exemption list but must choose the Missouri Bankruptcy exemptions. There may be certain federal supplemental exemptions you can use. All exemptions should be discussed with your Missouri Bankruptcy Attorney.
Missouri has created bankruptcy exemptions to allow you to maintain enough public benefits, wages, personal property and insurance to start over after filing bankruptcy in Missouri. There may be certain residency requirements to use the State of Missouri Bankruptcy Exemption List.
The following table will outline the Missouri Bankruptcy Exemptions. Some of your property or assets may not have a matching exemption.
| Exemptions | Exemption Amount | Statutes |
|---|---|---|
| Homestead | Real property to $8000 or mobile home to $1000 (joint owners may not double) Property held as tenancy for the entirety may be exempt against debts owed by only one spouse |
513.430(6), 513.475 In re Anderson, 12 B.R. 483 (W.D. Mo. 1981) |
| Tools of Trade | Implements, books and tools of trade to $2000 | 513.430(4) |
| Wages | Minimum 75% of earned but unpaid wages (90% for head of family) Bankruptcy judge may authorize more for low-income debtors Wages of servant or common laborer to $90 |
525.030 513.470 |
| Wildcard | $1250 of any property if head of family, else $400; head of family may claim an additional $250 per child | 513.430(3), 513.440 |
| Pensions | Employees of cities with 100,000 or more people ERISA-qualified benefits needed for support (only payments being received) Firefighters Highway & transportation employees Police Department employees State employees Teachers |
71.207 513.430(10)(e) 87.090, 87.365, 87.485 104.250 86.190, 86.353, 86.493, 86.780 104.540 169.090 |
| Personal Property | Appliances, household goods, furnishings, clothing, books, crops, animals and musical instruments to $1,000 Burial grounds to one acre or $100 Health aids Jewelry to $500 Motor vehicle to $1000 Personal injury causes of action Wrongful death recoveries for person debtor depended on |
513.430(1) 214.190 513.430(9) 513.430(2) 513.430(5) In re Mitchell, 73 B.R. 93 (E.D. Mo. 1987) 513.430(11) |
| Insurance | Assessment or insurance premium proceeds Disability or illness benefits Fraternal benefit society benefits to $5000, bought over six months before filing Life insurance dividends, loan value or interest to $5000, bought over six months before filing Life insurance proceeds if policy owned by woman and insures her husband Life insurance proceeds if policy owned by unmarried woman and insures her father or brother Stipulated insurance premiums Non-matured life insurance policy |
377.090 513.430(10)(c) 513.430(8) 513.430(8) 376.530 376.550 377.330 513.430(7) |
| Miscellaneous | Alimony, child support to $500 per month Property of business partnership |
513.430(10(d) 358.250 |
| Public benefits | AFDC Social security Unemployment compensation Veterans’ benefits Workers’ compensation |
513.430(10(a) 513.430(10)(a) 288.380(10(l), 53.430(10)(c) 513.430(10(b) 287.260 |
