Federal opt-out
11 U.S.C. § 522(b)(2) permits states to limit their residents to state-law exemptions. Missouri has done so by statute at RSMo § 513.427. Federal § 522(d) exemptions are therefore unavailable to filers whose domicile under 11 U.S.C. § 522(b)(3)(A) is Missouri.
Domicile for exemption-selection purposes is governed by the 730-day rule in § 522(b)(3)(A): the debtor must apply the exemptions of the state where the debtor was domiciled for the 730 days preceding filing.
Principal Missouri exemptions
Homestead — RSMo § 513.475
$15,000 in equity in real estate or a mobile home used as the debtor's principal residence. Married couples filing jointly may double this amount only if both spouses hold title; a single homestead is the rule under In re Smith, 254 B.R. 751 (Bankr. W.D. Mo. 2000) and similar Missouri authority. Federal law caps homestead claims at the 11 U.S.C. § 522(p) amount (currently $189,050) for property acquired during the 1,215 days preceding filing.
Motor vehicle — RSMo § 513.430.1(5)
Up to $3,000 of equity in one motor vehicle.
Wildcard exemption — RSMo § 513.430.1(3) and § 513.440
$600 of any property under § 513.430.1(3), plus an additional $1,250 head-of-household amount under RSMo § 513.440, plus $350 per dependent child. The wildcard may be applied to any property, including cash, that is otherwise non-exempt.
Tools of the trade — RSMo § 513.430.1(4)
Up to $3,000 in books, tools, or implements of the debtor's trade or profession, or the trade or profession of a dependent.
Household goods — RSMo § 513.430.1(1)
Up to $3,000 aggregate value of household furnishings, household goods, wearing apparel, appliances, books, animals, crops, and musical instruments held primarily for personal, family, or household use.
Wages — RSMo § 525.030
Missouri tracks the federal Consumer Credit Protection Act limit: 75% of disposable earnings, or 30 times the federal minimum wage per week, is exempt from garnishment. The exemption increases to 90% of disposable earnings for a head of household.
Retirement and public benefits — RSMo § 513.430.1(10)
ERISA-qualified retirement accounts are excluded from the estate under Patterson v. Shumate, 504 U.S. 753 (1992). IRAs and Roth IRAs are exempt up to the cap in 11 U.S.C. § 522(n) (currently $1,512,350). Social Security, unemployment compensation, workers' compensation, public assistance benefits, and veterans' benefits are protected by federal anti-attachment statutes and Missouri-specific provisions in § 513.430.1(10).
Insurance proceeds — RSMo § 513.430.1(8) and § 377.090
Proceeds from a life insurance policy, including the cash value of a fraternal benefit society policy, are protected from creditors of the insured up to the limits in § 377.090.
Where exemptions are claimed in the case
Exemptions are claimed on Schedule C (Official Form 106C). The trustee or any creditor has 30 days after the conclusion of the § 341 meeting of creditors to object under Fed. R. Bankr. P. 4003(b). If no objection is filed, the claimed exemptions are deemed allowed under Taylor v. Freeland & Kronz, 503 U.S. 638 (1992).
See also
- Filing in the W.D. Missouri — court locations, fees, required schedules
- Means test for W.D. Mo. cases — eligibility under 11 U.S.C. § 707(b)
- Bankruptcy judges of W.D. Mo.