513.440. Other property exempt — provisions — exceptions. — Each head of a family may select and hold, exempt from execution, any other property, real, personal or mixed, or debts and wages, not exceeding in value the amount of one thousand two hundred fifty dollars plus three hundred fifty dollars for each of such person's unmarried dependent children under the age of twenty-one years or dependent as defined by the Internal Revenue Code of 1986, as amended, determined to be disabled by the Social Security Administration, except ten percent of any debt, income, salary or wages due such head of a family.
Notes of Decisions
Cited in
41
cases (
3 in the last 5 years), 1954–2023 · leading case:
In Re Sanders, 69 B.R. 569 (Bankr. E.D. Mo. 1987).
In Re Sanders, 69 B.R. 569 (Bankr. E.D. Mo. 1987).
· cites it 14× “The Trustee’s third argument is that Missouri’s head of a family exemption, Mo. Rev.Stat. § 513.440, is the only statute which a bankrupt debtor may use to exempt pre-bankruptcy earnings and that, therefore, the garnishment statute may not be used for that purpose.”
Dunn v. Bemor Petroleum, 737 S.W.2d 187 (Mo. 1987).
· cites it 9× “Miller next contends that the judgment debtor was entitled to invoke the protection *189 of the exemption found in § 513.440, 4 which provides that each head of a family may select and hold, exempt from execution, any other property, real, personal or mixed, or debts and wages,…”
In Re Arnold, 193 B.R. 897 (Bankr. W.D. Mo. 1996).
· cites it 8× “00, therefore, the remaining funds are not exempt pursuant to Missouri’s Revised Statutes § 513.440. Samuel Houston Arnold, III, has two children under the age of eighteen from a previous marriage or marriages.”
In Re Moss, 258 B.R. 427 (Bankr. W.D. Mo. 2001).
· cites it 6× “§ 513(1), (3), (9) and (10), and § 513.440. The Trustee is correct in regard to § 513.”
In re Swigart, 339 B.R. 724 (Bankr. W.D. Mo. 2006).
· cites it 12× “The matter before the Court in this case is the objection by the trustee to the head of household exemption claimed by debtor Evan Joshua Swigart (“Debtor”) pursuant to Mo.Rev.Stat. § 513.440. The Court has jurisdiction over this matter pursuant to 28 U.”
In Re Townsend, 344 B.R. 915 (Bankr. W.D. Mo. 2006).
· cites it 10× “The sole issue now before the Court in this Chapter 7 case is whether the Debtor, a woman who lives with her same-sex partner and her partner’s two children, may claim the “head of household” exemption provided in Mo.Rev.Stat. § 513.440. The statute provides that a person must…”
In Re Thorpe, 251 B.R. 723 (Bankr. W.D. Mo. 2000).
· cites it 6× “00 pursuant to Mo.Rev.Stat. § 513.440 (head of household exemption); $2,000.”
Matter of Crippen, 36 B.R. 7 (Bankr. E.D. Mo. 1983).
· cites it 6× “The designation of an individual as the head of a family pursuant to Section 513.440, R.S.Mo.1982, is based primarily upon economic considerations.”
In Re Demars, 279 B.R. 548 (Bankr. W.D. Mo. 2002).
· cites it 4× “Demars claimed those refunds as exempt pursuant to section 513.440 and section 513.430(3) and 513.”
Bullard v. Bullard, 969 S.W.2d 880 (Mo. Ct. App. 1998).
· cites it 4× “Under Section 513.440 RSMo 1994, Wife, as the head of the household, may hold exempt from execution property not exceeding $850 dollars plus $250 for her unmarried, dependent minor son.”
In Re White, 287 B.R. 232 (Bankr. E.D. Mo. 2002).
· cites it 6× “White claimed a head of household exemption under section 513.440 R.S.Mo. in the amount of $850.”
In Re Smith, 269 B.R. 686 (Bankr. W.D. Mo. 2001).
· cites it 2× “This support obligation may be contrasted with the exemptions allowed debtors pursuant to Mo.Rev.Stat. § 513.440. That statute allows debtors in bankruptcy to claim a $250.”
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