Bankruptcy Exemption Citations
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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 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
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.(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. § 513.440 - $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. § 513.475 (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
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).
Colo. Rev. Stat. § 13-54-102 - Any economic impact payment that is payable to debtor or debtor’s dependents; COVID relief payments or other relief payments resulting from national or statewide emergency or disaster.
Nev. Rev. Stat. Ann. § 21.090 (1)(y) - Payments received pursuant to the federal Social Security Act including, without limitation, retirement and survivors' benefits, supplemental security income benefits and disability insurance benefits.