A: Exemptions are the things that are protected by law. There are Missouri Laws that protect certain items from being taken by creditors and the same protections extend to bankruptcy.
ASSET | EXEMPTION DESCRIPTION | LAW SECTION |
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) |
Insurance | Assessment or insurance premium proceeds
Disability or illness benefits Fraternal benefit society benefits to $5000, bought over 6 months before filing Life insurance dividends, loan value or interest to $5000, bought over 6 months before filing Life insurance proceeds if policy owned by woman & insures her husband Life insurance proceeds if policy owned by unmarried woman and insures her father or brother Stipulated insurance premiums Unmatured 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 |
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 & musical instruments to $1,000
Burial grounds to 1 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) |
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 |
Tools of Trade | Implements, books & 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 |
WILD CARD | $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 |