Mo. Rev. Stat. » Chapter 513
Missouri Revised Statutes

Mo. Rev. Stat. § 513.427 (2026)

Bankruptcy, exemptions allowed

✓ current as of May 2026
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  513.427.  Bankruptcy, exemptions allowed. — Every person by or against whom an order is sought for relief under Title 11, United States Code, shall be permitted to exempt from property of the estate any property that is exempt from attachment and execution under the law of the state of Missouri or under federal law, other than Title 11, United States Code, Section 522(d), and no such person is authorized to claim as exempt the property that is specified under Title 11, United States Code, Section 522(d).

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(L. 1982 S.B. 490)

Notes of Decisions
Cited in 103 cases (13 in the last 5 years), 1984–2026 · leading case: In Re Gaines, 106 B.R. 1008 (Bankr. W.D. Mo. 1989).
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In Re Gaines, 106 B.R. 1008 (Bankr. W.D. Mo. 1989). · cites it 59× “1987) and the provisions of Mo.Rev.Stat. § 513.427, debtors were entitled to exempt their entire interests in the pension plan and IRAs.”
Gaines v. Nelson (In Re Gaines), 121 B.R. 1015 (W.D. Mo. 1990). · cites it 38× “Amended schedules eventually filed by the debtors listed the Profit Sharing Plan and Trust as an asset that was entitled to exemption under Mo. Rev.Stat. § 513.427, § 513.430(10)(e), and 29 U.”
In Re Schmitt, 113 B.R. 1007 (Bankr. W.D. Mo. 1990). · cites it 24× “The Trustee further argues that the Debtor’s interest in the Profit Sharing Plan is not exempt under Mo.Rev.Stat. § 513.427 10 or 513.-430(10)(e) 11 according to this court’s recent decision In re Gaines, 106 B.”
Scarlett v. Barnes, 121 B.R. 578 (W.D. Mo. 1990). · cites it 11× “2 The parties disagree, however, as to whether Scarlett’s interest in the cause of action may be exempted from the bankruptcy estate pursuant to Mo.Rev.Stat. § 513.427. Missouri, by enacting § 513.”
Russell v. Healthmont of Missouri, LLC., 348 S.W.3d 784 (Mo. Ct. App. 2011). · cites it 12× “Appellant averred that he was going to seek an order for bankruptcy protection in Missouri pursuant to Title 11 of the United States Code and that he was eligible to obtain such relief.”
In Re Mahony, 374 B.R. 717 (Bankr. W.D. Mo. 2007). · cites it 16× “I recognize that this my seem to be a harsh result, particularly given the Missouri courts’ attempt to protect unliquidated personal injury claims based on public policy, but such matters of public policy are matters for the Missouri legislature to decide.”
In re Abdul-Rahim, 472 B.R. 904 (Bankr. E.D. Mo. 2012). · cites it 16× “That same day, Debtors also filed an Amended Schedule C in which Debtors claimed any recovery from the Personal Injury Claim as exempt pursuant to Missouri Statute Section 513.427 and Missouri common law. On February 27, 2012, Trustee filed Objection to Exemption Claimed in…”
Asmus v. Capital Region Fam. Practice, 115 S.W.3d 427 (Mo. Ct. App. 2003). · cites it 4× “; § 513.427, RSMo 2000. Section 513.427 allows an exemption for any property “that is exempt from attachment and execution.”
Davis v. Robinson (In Re Robinson), 152 B.R. 956 (Bankr. E.D. Mo. 1993). · cites it 9× “The Debtors’ tax refund was in the possession of the Internal Revenue Service on the date of filing and Debtors assert that pursuant to Mo.Rev. Stat. § 513.427 (Supp.1992) the refund was exempt from attachment or execution as property exempt from attachment under federal law.”
In Re Shahzad, 147 B.R. 34 (Bankr. E.D. Mo. 1992). · cites it 13× “” Mo. Rev.Stat. § 513.427 (1978). Judge Schermer of the Bankruptcy Court for the Eastern District of Missouri applied Section 513.”
In Re Stover, 332 B.R. 400 (Bankr. W.D. Mo. 2005). · cites it 5× “The Chapter 13 Trustee objects to the exemptions claimed by debtors Kevin Dean Stover and Sherrie Ann Stover (“Debtors”) in an annuity with Fidelity & Guaranty Life (the “Annuity”) pursuant to § 513.427 and § 513.430.1(10)(e) and (11) of the Missouri Revised Statutes.”
In Re Barnes, 177 B.R. 635 (Bankr. E.D. Mo. 1995). · cites it 13× “430(11) and § 513.427. 9. Missouri, by and enacting RSMo § 513.”
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