Filing Chapter 7 Bankruptcy in Missouri (2026)
Reviewed by DocDraft Legal Team · Missouri · Last updated August 18, 2026
Chapter 7 bankruptcy is federal law, but the property you keep is set by Missouri. Missouri is an opt-out state: under Mo. Rev. Stat. 513.427 you must use Missouri's exemptions and cannot elect the federal 522(d) list. This page explains Missouri's homestead exemption under section 513.475, the motor vehicle and wildcard figures under section 513.430, the means-test median income, and the two federal bankruptcy courts, the Eastern and Western Districts of Missouri, where Missourians file. Chapter 7 discharges most unsecured debt but not most student loans, recent taxes, or child and spousal support.
Does Missouri use state or federal bankruptcy exemptions?
Missouri is an opt-out state. Under Mo. Rev. Stat. 513.427, a debtor filing bankruptcy in Missouri must use Missouri exemptions and cannot elect the federal 11 U.S.C. 522(d) list. You may still use non-bankruptcy federal exemptions, such as certain retirement and benefit protections, alongside the Missouri set.
Can I keep my house if I file Chapter 7 in Missouri?
Often yes if your equity is modest. Under Mo. Rev. Stat. 513.475, Missouri's homestead exemption protects $15,000 of equity in a dwelling and land used as your home, or $5,000 for a mobile home not attached to land. If your home equity fits within that amount, Chapter 7 generally lets you keep the house.
Can I keep my car if I file Chapter 7 in Missouri?
Usually yes if your equity is modest. Under Mo. Rev. Stat. 513.430.1(5), Missouri exempts $3,000 of equity in one or more motor vehicles. You can also apply the wildcard exemption to a vehicle. If your car equity is at or below the covered amount, the vehicle is protected; higher equity may be partly reachable.
What is the income limit to file Chapter 7 in Missouri?
For cases filed on or after July 15, 2026, the U.S. Trustee median income figures for Missouri are $64,972 for one earner, $82,075 for two, $100,228 for three, and $118,530 for four, adding $11,100 per additional person. At or below your household figure, you pass the first part of the means test.
Missouri's Opt-Out Rule, the Section 513.475 Homestead, and Where You File
Missouri is a bankruptcy opt-out state. Under Mo. Rev. Stat. 513.427, a debtor filing in Missouri must use Missouri exemptions and cannot choose the federal 11 U.S.C. 522(d) set, though non-bankruptcy federal exemptions still apply. Missouri's homestead exemption under section 513.475 protects $15,000 of equity in a dwelling and the land used with it, or $5,000 for a mobile home not attached to land; a 2026 amendment raises the real-property figure to $40,000 for cases on or after January 1, 2027. The motor vehicle exemption under section 513.430.1(5) covers $3,000 of equity, household goods under 513.430.1(1) cover $3,000, and the wildcard under 513.430.1(3) protects $600 in any property, increased by $1,250 for the head of a family plus $350 for each unmarried dependent child under section 513.440. Missourians file in one of two federal bankruptcy courts: the U.S. Bankruptcy Court for the Eastern District of Missouri or the Western District of Missouri, based on where they have lived for most of the prior 180 days.
Relevant Laws
Missouri Homestead Exemption (Mo. Rev. Stat. 513.475)
Defines the homestead and exempts $15,000 of equity in a dwelling and the land used with it from attachment and execution, or $5,000 for a mobile home not attached to land. A 2026 amendment raises the real-property figure to $40,000 effective for cases on or after January 1, 2027. This is the exemption that lets many Missouri homeowners keep their house in Chapter 7.
Missouri Bankruptcy Opt-Out (Mo. Rev. Stat. 513.427)
Missouri's opt-out statute. It provides that a person in bankruptcy may exempt property that is exempt under Missouri law or under federal law other than 11 U.S.C. 522(d), and bars claiming the federal 522(d) exemptions. This forces Missouri debtors onto the state exemption set.
Missouri Personal Property and Wildcard Exemptions (Mo. Rev. Stat. 513.430)
Lists Missouri's personal property exemptions, including $3,000 for household goods (513.430.1(1)), a $600 wildcard in any property (513.430.1(3)), $3,000 in motor vehicles (513.430.1(5)), $3,000 in tools of the trade (513.430.1(4)), and retirement plans (513.430.1(10)). The wildcard is increased by the head-of-family additions in section 513.440.
Federal Bankruptcy Code Exemptions and Means Test (11 U.S.C. 522, 707)
The federal law behind Chapter 7. Section 522(b)(2) lets a state opt out of the federal 522(d) exemptions, which Missouri has done, and section 707(b) sets the means test measured against state median income.
Regional Variances
Missouri Chapter 7 Exemption Table
Homestead
Mo. Rev. Stat. 513.475: $15,000 of equity in a dwelling and the land used as your home, or $5,000 for a mobile home not attached to land. Co-owners of one homestead share a single aggregate limit. A 2026 amendment raises the real-property figure to $40,000 for cases filed on or after January 1, 2027.
Motor vehicle
Mo. Rev. Stat. 513.430.1(5): $3,000 of equity in one or more motor vehicles. Equity above the figure may be reachable by the trustee unless you stack the wildcard exemption on top of the vehicle.
Wildcard
Mo. Rev. Stat. 513.430.1(3): $600 in any property of your choice. Under section 513.440, a head of family adds $1,250 plus $350 for each unmarried dependent child, which can be applied to a house, car, cash, or other assets.
Personal property
Mo. Rev. Stat. 513.430.1(1): $3,000 in household goods, furnishings, appliances, books, animals, crops, and musical instruments. Section 513.430.1(2) exempts $1,500 in jewelry, and 513.430.1(4) exempts $3,000 in tools and implements of your trade.
Wages
Mo. Rev. Stat. 525.030 caps wage garnishment at 25 percent of weekly disposable earnings, or 10 percent for the head of a family, or the amount above 30 times the federal minimum wage, whichever is less. A like share of paid earnings is protected in bankruptcy.
Retirement and tools
Mo. Rev. Stat. 513.430.1(10) exempts pensions, retirement plans, and IRAs, subject to limits on contributions made within the year or two years before filing. Tools and implements of the debtor's trade are exempt up to $3,000 under section 513.430.1(4).
Suggested Compliance Checklist
Confirm the current Missouri means-test median income
Before you file days after startingCheck your household size against the U.S. Trustee Missouri median income figures in effect on your filing date, since these update periodically. For cases filed on or after July 15, 2026 the figures are $64,972 for one, $82,075 for two, $100,228 for three, and $118,530 for four, adding $11,100 per additional person.
Complete the pre-filing credit counseling course
Within 180 days before filing days after startingTake an approved credit counseling course from a provider authorized for your Missouri district and keep the certificate. You must file it with your petition. Skipping this can get your case dismissed before your debts are addressed.
Apply the Missouri exemptions and value your assets
Before preparing your schedules days after startingValue your home, vehicle, and personal property, then match each asset to the Missouri exemption set: the 513.475 homestead, the 513.430.1(5) vehicle exemption, and the 513.430.1(3) wildcard plus section 513.440 head-of-family additions. Missouri is opt-out, so the federal 522(d) list is not available.
Prepare and file your petition and schedules
Filing day days after startingFile your petition, schedules, and exemption claims in the correct court: the U.S. Bankruptcy Court for the Eastern District of Missouri or the Western District of Missouri, based on where you have lived for most of the prior 180 days. Filing triggers the automatic stay that pauses collection and garnishment.
Attend the 341 meeting and finish the debtor education course
Before discharge days after startingAttend the 341 meeting of creditors and answer the trustee's questions under oath, then complete the required post-filing financial management course and file the certificate. Both are required before the court will grant your discharge. An attorney can help with contested exemptions.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm the current Missouri means-test median income | Check your household size against the U.S. Trustee Missouri median income figures in effect on your filing date, since these update periodically. For cases filed on or after July 15, 2026 the figures are $64,972 for one, $82,075 for two, $100,228 for three, and $118,530 for four, adding $11,100 per additional person. | - | Before you file |
| Complete the pre-filing credit counseling course | Take an approved credit counseling course from a provider authorized for your Missouri district and keep the certificate. You must file it with your petition. Skipping this can get your case dismissed before your debts are addressed. | - | Within 180 days before filing |
| Apply the Missouri exemptions and value your assets | Value your home, vehicle, and personal property, then match each asset to the Missouri exemption set: the 513.475 homestead, the 513.430.1(5) vehicle exemption, and the 513.430.1(3) wildcard plus section 513.440 head-of-family additions. Missouri is opt-out, so the federal 522(d) list is not available. | - | Before preparing your schedules |
| Prepare and file your petition and schedules | File your petition, schedules, and exemption claims in the correct court: the U.S. Bankruptcy Court for the Eastern District of Missouri or the Western District of Missouri, based on where you have lived for most of the prior 180 days. Filing triggers the automatic stay that pauses collection and garnishment. | - | Filing day |
| Attend the 341 meeting and finish the debtor education course | Attend the 341 meeting of creditors and answer the trustee's questions under oath, then complete the required post-filing financial management course and file the certificate. Both are required before the court will grant your discharge. An attorney can help with contested exemptions. | - | Before discharge |
Frequently Asked Questions
Under Mo. Rev. Stat. 513.475, Missouri's homestead exemption protects $15,000 of equity in a dwelling and the land used as your home, or $5,000 for a mobile home not attached to land. A 2026 amendment raises the real-property figure to $40,000 for cases filed on or after January 1, 2027. Co-owners of one homestead share a single aggregate limit.
Under Mo. Rev. Stat. 513.430.1(5), Missouri exempts $3,000 of equity in one or more motor vehicles. If your car equity exceeds that, you can stack the section 513.430.1(3) wildcard, which is $600 plus $1,250 for a head of family and $350 per unmarried dependent child under section 513.440, to cover more of the vehicle's value.
You file in the federal bankruptcy court for your area: the U.S. Bankruptcy Court for the Eastern District of Missouri, which sits in St. Louis, Cape Girardeau, and Hannibal, or the Western District of Missouri, which sits in Kansas City, Springfield, Joplin, Jefferson City, and St. Joseph. You file where you have lived for most of the prior 180 days.
No. Chapter 7 discharges most unsecured debt like credit cards and medical bills, but it does not erase most student loans, recent income taxes, child support, or spousal support, and it will not discharge debts from fraud. Secured debts like a car loan remain unless you surrender the collateral or reaffirm the loan.
Largely yes. Under Mo. Rev. Stat. 525.030, wage garnishment is capped at 25 percent of disposable earnings, or 10 percent for the head of a family, so a like share of paid earnings is protected. Retirement plans and IRAs are exempt under Mo. Rev. Stat. 513.430.1(10), subject to limits on recent contributions.
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