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 |