Edgar v. Ruma, 823 S.W.2d 59 (Mo. Ct. App. 1991 ) :: Tenancy by Entirety Exemptions : Missouri Bankruptcy Law

Other Missouri Exemption Citations

Scott v. Union Planters Bank N.A., 196 S.W.3d 574 (Mo.App. S.D., 5/15/2006) - Bank accounts owned as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Eads, 271 B.R. 371 (Bkrtcy. W.D. Mo. 2002) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Eads, 271 B.R. 371 (Bkrtcy. W.D. Mo. 2002) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Mitchell,, 73 B.R. 93 (E.D. Mo. 1987) - Personal injury causes of action - NO LONGER EXEMPT as of September 4, 2007 - no "common law" exemptions in Missouri. Must all be statutory, according to In re Mahony (W.D.Mo.), citing In re Benn (8th Cir).
In re Smith,, 254 B.R. 751 (W.D. Mo. 2000) - Real property to $15,000 or mobile home to $5,000 (joint owners may not double)
Edgar v. Ruma, 823 S.W.2d 59 (Mo. Ct. App. 1991 ) - Bank accounts owned as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Hurd, 441 BR 116 (BAP 8th Cir 2010) - Real property to $15,000 or mobile home to $5,000 (joint owners may not double)
In re Parsons, 437 B.R. 854 (Bankr. E.D. Mo. 2010) - Minimum 75% of weekly earnings (90% of weekly earnings for head of family), or 30 times the federal minimum hourly wage, whichever is more; bankruptcy judge may authorize more for low-income debtors
In re Canady-Houston, 281 B.R. 286 (Bankr.W.D.Mo 2002) - No and Yes (Western District)
In re Gerling, 175 B.R. 295 (Bankr.W.D.Mo 1994) - No and Yes (Western District)
In re Manring, 129 B.R. 198 (Bankr.W.D.Mo 1991) - No and Yes (Western District)
In re Podnar, 307 B.R. 667 (Bankr.W.D.Mo 2003) - No and Yes (Western District)
In re Corbett, No. 13�60042 (Bankr.W.D.Mo. 2013) - Public assistance, (including earned income tax credit, and child tax credit)
In re Hardy, 495 BR 440 (Bankr.W.D.Mo 2013) - Public assistance, (including earned income tax credit, and child tax credit)
Mo. Rev. Stat. § 104.250 - Highway & transportation employees
Mo. Rev. Stat. § 104.540 - State employees
Mo. Rev. Stat. § 169.090 - Teachers
Mo. Rev. Stat. § 214.190 - Burial grounds to 1 acre or $100
Mo. Rev. Stat. § 287.260 - Workers' compensation
Mo. Rev. Stat. § 288.380 (10)(l) - Unemployment compensation
Mo. Rev. Stat. § 358.250 - Property of business partnership
Mo. Rev. Stat. § 377.090 - Assessment plan or life insurance proceeds
Mo. Rev. Stat. § 377.330 - Stipulated insurance premiums
Mo. Rev. Stat. § 456.014 - Employee benefit spendthrift trust
Mo. Rev. Stat. � 513.427 - Missouri has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). MAS § 513.427.
Mo. Rev. Stat. § 513.430 1.(10)(c) - Disability or illness benefits
Mo. Rev. Stat. § 513.430 1.(8) - Fraternal benefit society benefits to $5,000, bought over 6 months before filing
Mo. Rev. Stat. § 513.430 1.(8) - Life insurance dividends, loan value, or interest to $5,000, bought over 6 months before filing
Mo. Rev. Stat. § 513.430 1.(7) - Unmatured life insurance policy
Mo. Rev. Stat. § 513.430 1.(10) (f) - Retirement plan, profit-sharing plan, health savings plan, or similar plan, including an inherited account or plan, qualified under section 401(a), 403(a), 403 (b), 408, (IRA) 408A (Roth IRA), or 409 of the federal tax code, inlcuding an iherited account or plan
Mo. Rev. Stat. § 513.430 1.(9) - Health aids
Mo. Rev. Stat. § 513.430 1.(2) - Wedding (or engagement) ring to $1,500, other jewelry to $500
Mo. Rev. Stat. § 513.430 1.(5) - Motor vehicles to $3,000 in aggregate.
Mo. Rev. Stat. § 513.430 1.(11) - Wrongful death recoveries for person you depended on
Mo. Rev. Stat. § 513.430 1.(10)(a) - Public assistance, (including earned income tax credit, and child tax credit)
Mo. Rev. Stat. § 513.430 1.(10)(a) - Social Security
Mo. Rev. Stat. § 513.430 1.(10)(c) - Unemployment compensation
Mo. Rev. Stat. § 513.430 1.(10)(b) - Veterans' benefits
Mo. Rev. Stat. § 513.430 1.(6) - Real property to $15,000 or mobile home to $5,000 (joint owners may not double)
Mo. Rev. Stat. § 513.430 1.(10)(d) - Alimony, child support to $750 per month
Mo. Rev. Stat. § 513.430 1.(1) - Appliances, household goods, furnishings, clothing, books, crops, animals, & musical instruments to $3,000 total
Mo. Rev. Stat. § 513.430 1.(4) - Implements, books, & tools of trade to $3,000
Mo. Rev. Stat. § 513.430 1.(3) - $1,250 of any property if head of family, else $600; head of family may claim additional $350 per unmarried dependent child under age 21.
Mo. Rev. Stat. § 513.430 (12) - Firearms, including accessories and ammunition to $1,500
Mo. Rev. Stat. § 513.430 (1)(10)(f) - Health savings accounts
Mo. Rev. Stat. § 513.440 - $1,250 of any property if head of family, else $600; head of family may claim additional $350 per unmarried dependent child under age 21.
Mo. Rev. Stat. § 513.470 - Wages of servant or common laborer to $90
Mo. Rev. Stat. § 513.475 (2) - Tenancy by the entirety is recognized in ownership of both real and personal property, and in the case of real property, such interests are exempt. MAS § 513.475(2). Consequently, pursuant to Code § 522(b)(2)(B) interests of the debtor in real property as a tenant by the entirety are exempt in Bankruptcy Code.
Mo. Rev. Stat. § 513.475 - Real property to $15,000 or mobile home to $5,000 (joint owners may not double)
Mo. Rev. Stat. § 525.030 - Minimum 75% of weekly earnings (90% of weekly earnings for head of family), or 30 times the federal minimum hourly wage, whichever is more; bankruptcy judge may authorize more for low-income debtors
Mo. Rev. Stat. § 595.025 - Crime victim's compensation
Mo. Rev. Stat. § 70.695 - Public officers & employees
Mo. Rev. Stat. § 70.755 - Public officers & employees
Mo. Rev. Stat. § 71.207 - Employees of cities with 100,000 or more people
Mo. Rev. Stat. § 86.1430 - Police department employees
Mo. Rev. Stat. § 86.190 - Police department employees
Mo. Rev. Stat. § 86.353 - Police department employees
Mo. Rev. Stat. § 86.563 - Police department employees
Mo. Rev. Stat. § 87.090 - Firefighters
Mo. Rev. Stat. § 87.365 - Firefighters
Mo. Rev. Stat. § 87.485 - Firefighters
In re Urie, 2006 WL 533514 (Bankr.W.D.Mo 2006) - Wedding (or engagement) ring to $1,500, other jewelry to $500
But see, In re Smith, 10-60388 (W.D. Mo 2010) - Teachers
In re Mahony, 374 B.R. 717 (Bankr.W.D.Mo. Sep 04, 2007) - Personal injury causes of action - NO LONGER EXEMPT as of September 4, 2007 - no "common law" exemptions in Missouri. Must all be statutory, according to In re Mahony (W.D.Mo.), citing In re Benn (8th Cir).
In re Benn, 491 F.3d 811 (8th Cir. 2007) - Personal injury causes of action - NO LONGER EXEMPT as of September 4, 2007 - no "common law" exemptions in Missouri. Must all be statutory, according to In re Mahony (W.D.Mo.), citing In re Benn (8th Cir).

50 State Tenancy by Entirety Exemptions

Alaska Stat. § 34.15.140 - Tenancy by the entirety is recognized but such interests are not exempt, under the state law and consequently the right of survivorship is not exempt under the Bankruptcy Code pursuant to Code § 522(b)(2)(B).
Alaska Stat. § 09.38.100 - Tenancy by the entirety is recognized but such interests are not exempt, under the state law and consequently the right of survivorship is not exempt under the Bankruptcy Code pursuant to Code § 522(b)(2)(B).
Morris v. Solesbee, 892 S.W.2nd 281 (Ark. App. 1995) - Not exempt. Tenancy by the entirety is recognized but debtor's interest in TBE property is not exempt.
Morrison v. Potter , 764 A.2d 234 (D.C. 2000) - (Property held as tenancy by the entirety may be exempt against debts owed by only one spouse)
Estate of Wall, 440 F.2d 215 (D.C. Cir. 1971) - (Property held as tenancy by the entirety may be exempt against debts owed by only one spouse)
In re Hovatter, 25 B.R. 123 (D. Del.Bankr. 1982) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Kelly, 316 B.R. 629 (D.Del 2004) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Kelly, 289 B.R. 38 (D.Del,Bankr. 2003) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Meyer v. Faust, 83 So.2nd 847 (Fla 1955) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Havoco of America, Ltd. v. Hill, 197 F.3d 1135 (11th Cir Fla. 1999) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Musolino, 391 F.3d 1295 (11th Cir 2004) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Haw. Rev. Stat. § 509-2 - Property held as tenancy by the entirety (TBE) may be exempt against debts owed by only one spouse. As of 2012, TBE protection is now available to same sex couples registered as "reciprocal beneficiaries" and can be transferred into a trust under � 509-2.
Traders Travel Intern., Inc. v. Howser, 753 P.2d 244 (Hawaii 1988) - Property held as tenancy by the entirety (TBE) may be exempt against debts owed by only one spouse. As of 2012, TBE protection is now available to same sex couples registered as "reciprocal beneficiaries" and can be transferred into a trust under � 509-2.
Security Pacific Bank v. Chang, 818 F.Supp. 1343 (D. Haw. 1993) - Property held as tenancy by the entirety (TBE) may be exempt against debts owed by only one spouse. As of 2012, TBE protection is now available to same sex couples registered as "reciprocal beneficiaries" and can be transferred into a trust under � 509-2.
750 Ill. Comp. Stat. 65/22 - Tenancy by entirety property exempt except against joint debts
765 Ill. Comp. Stat. 1005/1c - Tenancy by entirety property exempt except against joint debts
Gillissie v Gillissie, 215 B.R. 370 (Bankr.N.D.Ill 1997) - Tenancy by entirety property exempt except against joint debts
Ind. Code Ann. § 34-55-10-2 (c)(5) - Tenancy by the entirety is recognized in Indiana. ICA 32-4-2-1. Any interest that a debtor has in real estate held as a tenant by the entirety is exempt under state law unless the debtor and spouse file a joint petition for relief. ICA � 34-55-10-2(b)(5).
Ind. Code Ann. § 32-17-3-1 - Tenancy by the entirety is recognized in Indiana. ICA 32-4-2-1. Any interest that a debtor has in real estate held as a tenant by the entirety is exempt under state law unless the debtor and spouse file a joint petition for relief. ICA � 34-55-10-2(b)(5).
Ind. Code Ann. § 34-55-10-2 (c)(5) - Property held as tenancy by the entirety may be exempt against debts incurred by only one spouse
Mass. Gen. Laws ch. 209, § 1 - Property coowned by spouses as TBE and used as the principal residence of the nondebtor spouse is exempt unless the claim is based upon necessities provided to either spouse or dependent.
Mass. Gen. Laws ch. 209, § 1 - Property held as tenancy by the entirety may be exempt against debt for non-necessity owed by only one spouse.
In re Birney, 200 F.3d 225 (4th Cir. 1999) - Property held as tenancy by the entirety is exempt against debts owed by only one spouse. Includes property transferred in a trust.
Md. Code Ann., [Est. & Trusts] § 14.5-511 - Property held as tenancy by the entirety is exempt against debts owed by only one spouse. Includes property transferred in a trust.
Md. Code Ann., [Cts. & Jud. Proc.] § 11-504 (b)(8),(9) - Property held as tenancy by the entirety is exempt against debts owed by only one spouse. Includes property transferred in a trust.
In re Guzior, 347 B.R. 237 (Bkrtcy.E.D.Mich. 2006) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
In re Spears, 313 B.R. 212 (W.D.Mich. 2004) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
Mich. Comp. Laws § 557.151 - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
Mich. Comp. Laws § 600.6023a - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
Mich. Comp. Laws § 600.5451 (1)(n) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
Mich. Comp. Laws § 600.5451 (1)(n) - Bonds, certificates of stock, mortgages, promissory notes, debentures, or other evidences of indebtedness hereafter made payable to persons who are husband and wife held as tenancy by the entirety may be exempt against debts owed by only one spouse.
Mich. Comp. Laws § 557.151 - Bonds, certificates of stock, mortgages, promissory notes, debentures, or other evidences of indebtedness hereafter made payable to persons who are husband and wife held as tenancy by the entirety may be exempt against debts owed by only one spouse.
In re Raynard, 354 B.R. 834 (6th Cir BAP 2006) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
In re Smith, 246 B.R. 540 (E.D. Mich. 2000) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
Scott v. Union Planters Bank N.A., 196 S.W.3d 574 (Mo.App. S.D., 5/15/2006) - Bank accounts owned as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Eads, 271 B.R. 371 (Bkrtcy. W.D. Mo. 2002) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Mo. Rev. Stat. § 513.475 (2) - Tenancy by the entirety is recognized in ownership of both real and personal property, and in the case of real property, such interests are exempt. MAS § 513.475(2). Consequently, pursuant to Code § 522(b)(2)(B) interests of the debtor in real property as a tenant by the entirety are exempt in Bankruptcy Code.
Edgar v. Ruma, 823 S.W.2d 59 (Mo. Ct. App. 1991 ) - Bank accounts owned as tenancy by the entirety may be exempt against debts owed by only one spouse
Miss. Code Ann. � - Tenancy by the entirety has been recognized by Mississippi state courts. Consequently, pursuant to Code § 522(b)(2)(B), such interests may also be exempt. Status unkown.
In re Chandler, 148 B.R. 13 (E.D. N.C. 1992) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
King v.Greene, 30 N.J. 395 (N.J. 1959) - survivorship interest of a spouse in property held as tenancy by the entirety is exempt from creditors of a single spouse
Freda v. Commercial Trust Co. of New Jersey, 570 A.2d 409 (N.J. 1990) - survivorship interest of a spouse in property held as tenancy by the entirety is exempt from creditors of a single spouse
N.M. Stat. Ann. § 40-3-10 - New Mexico does not have tenancy by the entirety ownership, but community property rules say that separate debts of spouse must be satisfied from separate property of spouse, and only if separate property is insufficient, may 1/2 of community proeprty be used to satisfy such debts.
N.M. Stat. Ann. § 40-3-11 - New Mexico does not have tenancy by the entirety ownership, but community property rules say that separate debts of spouse must be satisfied from separate property of spouse, and only if separate property is insufficient, may 1/2 of community proeprty be used to satisfy such debts.
N.Y. Est. Powers & Trusts Law § 6-2.2 - Recognized, but not exempt
In re Pernus, 143 B.R. 856 (N.D. Ohio 1992) - Property held as tenancy by the entirety created prior to April 4th 1985 may be exempt against debts owed by only one spouse
In re Cline, 164 B.R. 592 (Bankr.S.D. Ohio 1994) - Property held as tenancy by the entirety created prior to April 4th 1985 may be exempt against debts owed by only one spouse
Or. Rev. Stat. § 108.090 - Tenancy by the Entireties recognized in real estate, but is not exempt.
Stanley v. Mueller, 222 Or. 194 (1960 ) - Tenancy by the Entireties recognized in real estate, but is not exempt.
In re Martin, 259 B.R. 119 (M.D. Pa. 2001) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Ryan, 282 B.R. 742 (D.R.I. 2002) - entireties property is shielded from the reach of creditors until the tenancy is dissolved or the debtor spouse survives the non-debtor spouse, but, creditors not only may attach property that is owned as tenants by the entirety, but also may "sell the contingent future expectancy interest which the attachment entails (if anyone can be persuaded to purchase it)...."" In re Furkes, 65 B.R. 232, 236 (D.R.I.1986); see also In re Bois, 191 B.R. 279, 280 (Bankr.D.R.I.1996).
Cull v Vadnais, 406 A.2d 1241 (RI ) - entireties property is shielded from the reach of creditors until the tenancy is dissolved or the debtor spouse survives the non-debtor spouse, but, creditors not only may attach property that is owned as tenants by the entirety, but also may "sell the contingent future expectancy interest which the attachment entails (if anyone can be persuaded to purchase it)...."" In re Furkes, 65 B.R. 232, 236 (D.R.I.1986); see also In re Bois, 191 B.R. 279, 280 (Bankr.D.R.I.1996).
In re Furkes, 65 B.R. 232, 236 (D.R.I 1986) - entireties property is shielded from the reach of creditors until the tenancy is dissolved or the debtor spouse survives the non-debtor spouse, but, creditors not only may attach property that is owned as tenants by the entirety, but also may "sell the contingent future expectancy interest which the attachment entails (if anyone can be persuaded to purchase it)...."" In re Furkes, 65 B.R. 232, 236 (D.R.I.1986); see also In re Bois, 191 B.R. 279, 280 (Bankr.D.R.I.1996).
11 U.S.C. § 522 (b)(3) - Tenancy by entirety is exempt only if debtor chooses State & Non-bankruptcy exemptions.
Vt. Stat. Ann. tit. 15, § 67 - NORTON Vermont recognizes tenancy by the entirety. Such interest, however, may be subject to certain debts and thus the exemption of such interests are also limited under the Bankruptcy Code pursuant to Code § 522(b)(2)(B). See VSA 15 § 67.
Vt. Stat. Ann. tit. 12, § 2781 - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Lowell v. Lowell, 419 A2d 321 (Vt. 1980) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re McQueen, 21 B.R. 736 (D. Ver. 1982) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Vt. Stat. Ann. tit. 15, § 67 - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Rose v. Morell, 259 A2d 8 (Vt. 1969) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Anselmi, 52 B.R. 479 (D.Wy. 1985) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Wenande, 107 B.R. 770 (Bankr. D. Wyo 1989) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse

← Missouri Tenancy by Entirety Exemptions

Citation: Case - Edgar v. Ruma, 823 S.W.2d 59 (Mo. Ct. App. 1991 )

Other Missouri Exemption Citations

50 State Tenancy by Entirety Exemptions