Bankruptcy Exemptions in Missouri
What property you can keep in bankruptcy in Missouri: homestead, vehicle, wildcard and retirement exemptions, and whether you can choose the federal exemptions.
Short answer: Missouri filers must use Missouri (and federal non-bankruptcy) exemptions; no filer "is authorized to claim as exempt the property that is specified under Title 11, United States Code, Section 522(d)." RSMo 513.427
| State or federal exemptions | Missouri filers must use Missouri (and federal non-bankruptcy) exemptions; no filer "is authorized to claim as exempt the property that is specified under Title 11, United States Code, Section 522(d)." Source: RSMo 513.427 |
|---|---|
| Homestead exemption | Until December 31, 2026: up to $15,000 in a dwelling house and the land used with it. For cases governed by the version effective January 1, 2027: up to $40,000. Multiple owners share one exemption per homestead. 2026 H.B. 1870 / S.B. 835 & 1111 amends these exemptions effective January 1, 2027 (Revisor's future version: https://revisor.mo.gov/main/OneSection.aspx?section=513.475). No acreage limit is stated. |
| Car exemption | Until December 31, 2026: motor vehicles up to $3,000 in aggregate. From January 1, 2027: up to $5,000 in aggregate, plus up to $10,000 of any unused household-goods exemption may be applied to a motor vehicle. 2026 H.B. 1870 / S.B. 835 & 1111 amends these exemptions effective January 1, 2027 (Revisor's future version: https://revisor.mo.gov/main/OneSection.aspx?section=513.430). |
| Wildcard exemption | Until December 31, 2026: any other property up to $600 (rising to $1,700 from January 1, 2027). In addition, a head of a family may exempt any other property up to $1,250 plus $350 for each unmarried dependent child under 21 (or disabled dependent). 2026 H.B. 1870 / S.B. 835 & 1111 amends these exemptions effective January 1, 2027 (Revisor's future version: https://revisor.mo.gov/main/OneSection.aspx?section=513.430). § 513.440: https://revisor.mo.gov/main/OneSection.aspx?section=513.440 Source: RSMo 513.430.1(3); 513.440 |
| Retirement accounts | Money or assets in, or payable from, retirement plans, profit-sharing plans, health savings plans and similar plans (including inherited accounts) qualified under Internal Revenue Code sections 401(a), 403(a), 403(b), 408, 408A or 409 are exempt, except against alternate payees under a qualified domestic relations order. Pension and similar plan payments are exempt to the extent reasonably necessary for support. Source: RSMo 513.430.1(10)(e)-(f) |
| Wages | Garnishment may not exceed the least of 25% of weekly earnings after required withholding, the amount above 30 times the federal minimum hourly wage, or 10% for a head of family who lives in Missouri. These limits do not apply to support orders, Chapter 13 bankruptcy orders, or tax debts. Source: RSMo 525.030.2 |
More Missouri bankruptcy
FAQ
Can you use the federal bankruptcy exemptions in Missouri?
Missouri filers must use Missouri (and federal non-bankruptcy) exemptions; no filer "is authorized to claim as exempt the property that is specified under Title 11, United States Code, Section 522(d)."
How much home equity is protected in bankruptcy in Missouri?
Until December 31, 2026: up to $15,000 in a dwelling house and the land used with it. For cases governed by the version effective January 1, 2027: up to $40,000. Multiple owners share one exemption per homestead.
Can I keep my car in bankruptcy in Missouri?
Until December 31, 2026: motor vehicles up to $3,000 in aggregate. From January 1, 2027: up to $5,000 in aggregate, plus up to $10,000 of any unused household-goods exemption may be applied to a motor vehicle.
Does Missouri have a wildcard exemption?
Until December 31, 2026: any other property up to $600 (rising to $1,700 from January 1, 2027). In addition, a head of a family may exempt any other property up to $1,250 plus $350 for each unmarried dependent child under 21 (or disabled dependent).
Are retirement accounts protected in bankruptcy in Missouri?
Money or assets in, or payable from, retirement plans, profit-sharing plans, health savings plans and similar plans (including inherited accounts) qualified under Internal Revenue Code sections 401(a), 403(a), 403(b), 408, 408A or 409 are exempt, except against alternate payees under a qualified domestic relations order. Pension and similar plan payments are exempt to the extent reasonably necessary for support.
Are wages protected in bankruptcy in Missouri?
Garnishment may not exceed the least of 25% of weekly earnings after required withholding, the amount above 30 times the federal minimum hourly wage, or 10% for a head of family who lives in Missouri. These limits do not apply to support orders, Chapter 13 bankruptcy orders, or tax debts.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.