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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
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