Bankruptcy in Missouri (2026): Exemptions & Means Test

Filing bankruptcy in Missouri means following one set of property rules: Missouri has opted out of the federal bankruptcy exemptions, so filers must use Missouri's own exemption statutes in Chapter 513 of the Revised Statutes of Missouri. Bankruptcy itself is federal, but the exemptions that decide what you keep, and the means-test income that decides which chapter you can use, are state-specific. Missouri's homestead exemption is a fixed dollar amount rather than an inflation-adjusted or unlimited one, so the figures below are current as of mid-2026, and you should confirm the latest amounts before relying on them.

This page is general legal information, not legal advice. It is part of our Bankruptcy by State series.

Does Missouri use state or federal bankruptcy exemptions?

Missouri has opted out of the federal exemption system. Under RSMo 513.427, a person filing under Title 11 may exempt only property that is exempt under Missouri law or under federal law other than 11 U.S.C. 522(d), and no filer may claim the property listed in 522(d). In plain terms, a debtor domiciled in Missouri must use the state exemptions found in Chapter 513 of the Revised Statutes of Missouri. The menu of federal bankruptcy exemptions is not available here. About two-thirds of states have opted out in this way.

Even though the federal exemption schedule is off the table, a Missouri filer may still claim the federal nonbankruptcy exemptions preserved by 11 U.S.C. 522(b)(3). Those include things like Social Security benefits, certain veterans' and federal-employee benefits, and tax-exempt retirement accounts. Married couples filing jointly can generally each claim a full set of the Missouri exemptions, which often doubles the protected amounts.

Missouri homestead exemption

Missouri's homestead exemption is the headline protection for homeowners. Under RSMo 513.475, a person may exempt a homestead, consisting of a dwelling house and the land used with it, up to a value of $40,000. A mobile home used as a principal residence but not attached to real property the debtor owns is separately exempt up to $12,000 under a different statute, RSMo 513.430(6). The homestead exemption is measured against equity, so it protects up to $40,000 after subtracting mortgages and other liens.

The statute limits the homestead to one exemption per dwelling. If more than one owner of the same homestead claims the exemption, their combined claims cannot exceed the single $40,000 total for that homestead. Because the amount is fixed in the statute and does not adjust automatically, the $40,000 figure changes only if the Legislature amends the law, so confirm it is current before filing.

Homestead protection covers equity, not the full value of the home. A Missouri homeowner with equity above $40,000 can have non-exempt equity that a Chapter 7 trustee may reach, which is one reason homeowners with equity above the exemption often look at Chapter 13 instead.

Vehicle, wildcard, and personal-property exemptions

Missouri's personal-property exemptions are set mainly in RSMo 513.430. A debtor may exempt:

• One or more motor vehicles, up to $5,000 in aggregate value, plus up to $10,000 more of any unused household-goods allowance that can be applied to a vehicle.
• Household furnishings, goods, appliances, books, animals, crops, and wearing apparel, up to $15,000 in aggregate value.
• A wedding ring up to $1,500 and other jewelry up to $1,700 in the aggregate.
• Implements, professional books, or tools of the trade, up to $3,000.
• Health aids and certain other categories.

RSMo 513.430 allows $1,700 of "any other property of any kind" as a general wildcard. On top of that, RSMo 513.440 gives the head of a family an additional exemption of $1,250 in any property, plus $350 for each unmarried dependent child, while a person who is not the head of a family receives a smaller base. These add-ons help fill gaps but are smaller than the broad wildcards available in some states.

Missouri also protects wages. Under RSMo 525.030, a head of family keeps at least 90 percent of weekly earnings and other workers keep at least 75 percent, mirroring and in part exceeding the federal floor. Tax-qualified retirement accounts are protected under separate Missouri exemptions and federal law.

The Chapter 7 means test in Missouri

The means test screens who can file Chapter 7. The first step compares your household's current monthly income, annualized, to the median family income for a Missouri household of the same size. If your income is at or below the Missouri median, you generally pass and may proceed with Chapter 7. If it is above the median, you complete the longer calculation that subtracts allowed expenses to see whether you have disposable income that should fund a Chapter 13 plan instead.

The U.S. Trustee Program publishes the median figures and updates them periodically. For cases filed on or after April 1, 2026, the Missouri median family income is:

Add $11,100 for each additional person beyond four. These figures apply only to cases filed on or after April 1, 2026. The U.S. Trustee Program revises the median income data roughly twice a year, so confirm the current numbers for your filing date.

Chapter 7 vs. Chapter 13 in Missouri

Chapter 7 is a liquidation. A trustee can sell non-exempt property to pay creditors, but many Chapter 7 cases are "no-asset" cases where nothing is sold. Most remaining unsecured debt, such as credit cards and medical bills, is discharged in a few months. Because Missouri's homestead exemption is capped at $40,000, homeowners with equity above that amount need to look carefully at whether it is fully protected.

Chapter 13 is a reorganization for filers with regular income. You keep your property and repay some or all of what you owe through a three-to-five-year plan. Chapter 13 is often chosen by Missouri homeowners who are behind on a mortgage or who have home equity above the $40,000 homestead exemption, because the plan can spread out missed payments and stop a foreclosure while you catch up.

In both chapters, filing triggers the automatic stay under 11 U.S.C. 362. The stay immediately halts most collection activity, including foreclosure sales, wage garnishment, repossession, and collection calls, while the case proceeds.

Where you file bankruptcy in Missouri

Missouri is divided into two federal bankruptcy districts. The U.S. Bankruptcy Court for the Eastern District of Missouri is based in St. Louis, with divisional sites in Cape Girardeau and Hannibal, and covers the eastern counties. The U.S. Bankruptcy Court for the Western District of Missouri sits in Kansas City and serves the western and central counties, with proceedings also held in Springfield, Joplin, and Jefferson City. Which court you file in depends on the county where you live. Before filing, federal law requires you to complete an approved credit-counseling course, and you must complete a debtor-education course before your debts are discharged.

What bankruptcy can and cannot do

Bankruptcy discharges most unsecured debts, but several categories generally survive: most student loans (absent a separate showing of undue hardship), recent income taxes, child support and alimony, and debts from fraud or willful injury. Secured debts like a car loan or mortgage continue if you want to keep the collateral and keep paying.

Because Missouri's homestead is low and the choice between Chapter 7 and Chapter 13 depends on your full financial picture, many people consult a licensed Missouri bankruptcy attorney before filing.