Sometimes, the financial turbulence in our lives gets so rough that we have to hit the eject button and parachute to safety. That eject button is bankruptcy. Bankruptcy can be the fresh start you need if you are in debt and don’t see a way out.
But there’s a problem. Even if you do your research and decide that bankruptcy is right for you, you’re left with a two-word solution — “File bankruptcy” — and not much information.
How, exactly, do you file for bankruptcy in Missouri? Unfortunately, it’s not a simple process. It’s the kind of complex legal and financial decision that requires a step-by-step guide.
Well, this is the guide you’ve been searching for!
In this post, we tell you everything you need to know about how to file for bankruptcy in Missouri. For more information, keep reading or contact the experienced Missouri bankruptcy attorneys at A Bankruptcy Law Firm, LLC.
Understanding Bankruptcy in Missouri: Chapter 7 vs. Chapter 13
Filing for bankruptcy is an important decision, and understanding how the process works here in Missouri can help you feel more confident about your options.
Before you can learn how to file bankruptcy in Missouri, you have to decide which type of bankruptcy is right for your situation. There are several kinds of bankruptcy in Missouri, but the most common types for individuals are Chapter 7 and Chapter 13.
Missouri has its own set of laws and exemptions that determine what property you’re allowed to keep, how your debts are handled, and which type of bankruptcy you qualify for.
Choosing the right chapter is one of the most important steps you can take. An experienced bankruptcy attorney can help you determine which option fits your situation and protects you from avoidable mistakes.
Chapter 7 Bankruptcy in Missouri
Chapter 7 bankruptcy in Missouri is the go-to option for many people who need to get their bankruptcy done quickly. It’s often referred to as a “liquidation” or “fresh start” bankruptcy. It allows eligible individuals to discharge most unsecured debts, including credit cards, medical bills, payday loans, and personal loans.
The basic idea is that your non-essential assets are liquidated to pay your creditors, and whatever remains of your qualifying debts is discharged. This arrangement typically works well for people who don’t own a lot of property or valuable assets. In fact, most people who file Chapter 7 keep all of their property because Missouri exemptions protect things like your home equity, vehicle, household goods, and retirement accounts.
To qualify for Chapter 7, you must pass the Means Test, which is a calculation based on your household income compared to Missouri’s median income levels. We will dive deeper into the means test qualifications further in this article.
Chapter 7 typically takes about three to four months from start to finish, making it one of the quickest ways to relieve overwhelming debt and stop creditor harassment, wage garnishments, and lawsuits.
Chapter 13 Bankruptcy in Missouri
Chapter 13 bankruptcy, on the other hand, lets you keep your property. It’s often a better option for individuals who have regular income, want to catch up on past-due mortgage or car payments, or don’t qualify for Chapter 7. Instead of eliminating debts right away, Chapter 13 creates a structured repayment plan that lasts for three to five years.
Your payment plan is based on your income, household expenses, and the types of debt you owe. This allows you to:
- Catch up on missed house or car payments
- Stop foreclosure or repossession
- Consolidate debts into one manageable monthly payment
- Pay little or nothing toward unsecured debts in many cases
At the end of the payment plan, your debts are discharged, and you have your fresh start.
Chapter 13 provides powerful legal protections, but it also requires careful preparation and accurate budgeting. Choosing the wrong plan length or miscalculating your disposable income can lead to objections from the trustee or creditors.
Working with an attorney ensures your plan meets Missouri’s requirements and gives you the best chance of completing your case successfully.
Which Option Is Right for You?
Both chapters offer real relief, but the right choice depends on your income, assets, and financial goals. A bankruptcy lawyer in Missouri can help you decide which option is best for you. During a consultation, an experienced attorney from A Bankruptcy Law Firm, LLC, will review your situation, explain what each chapter would look like for you, and recommend the option that provides the most protection.
If you’re considering bankruptcy in Missouri, getting clear answers from a knowledgeable attorney can help you make the best decision for your future.
The Chapter 7 Means Test for Missouri Bankruptcies
If you are planning to file Chapter 7 bankruptcy in Missouri, you must pass the Means Test. This test was created to ensure that individuals with higher incomes aren’t filing Chapter 7 when they can repay some of their debts under a Chapter 13 plan.
How the Missouri Means Test Works
The Means Test compares your household income over the last six months to the median income for a household of your size in Missouri. These numbers are updated regularly, so it’s important to use the most current income limits when reviewing eligibility.
Below are the 2025 median income limits for Missouri, based on household size.
|
Household Members |
Median Annual Income in Missouri |
|
1 Earner |
$63,183 |
|
2 Family Members |
$79,586 |
|
3 Family Members |
$98,583 |
|
4 Family Members |
$108,983 |
For example, if you are part of a household of four people and are filing bankruptcy after May 1, 2025, your annual income can’t exceed $108,983.
If your income exceeds the median income for households of your size, you haven’t passed the means test and are not qualified to file Chapter 7 bankruptcy in Missouri.
However, there is still a chance that could allow you to file Chapter 7. Subtract your monthly expenses, such as housing, utilities, food, healthcare, and secured debt payments, from your gross monthly income. If the remaining amount is less than Missouri’s median household income, then you could still qualify to file Chapter 7 bankruptcy.
When you work with A Bankruptcy Law Firm, LLC, one of our experienced attorneys will help you complete the Means Test. They will review pay stubs, tax returns, bank statements, and monthly expenses to ensure all documentation and reporting are accurate.
Bankruptcy Exemptions in MO
No matter which type of bankruptcy you choose, you will have to learn about Missouri’s bankruptcy exemptions as you file for bankruptcy. An exemption allows you to protect a particular asset, such as your home or your vehicle, from creditors.
In Chapter 7, exempt property won’t be liquidated to repay your creditors. In Chapter 13, you won’t have to consider the exempt property in your repayment plan.
The Show-Me State has opted out of the federal bankruptcy exemptions list and has created its own. Below, we take a look at some of the most important Missouri bankruptcy exemptions.
Your Home
Many people considering bankruptcy in Missouri hesitate because they fear losing their home. But there’s good news: The homestead exemption allows you to exempt up to $15,000 in equity in your home or $5,000 in equity on your mobile home.
Your Vehicle
Similarly, you can exempt some of the equity you have in your vehicle under Missouri’s bankruptcy laws. You can exempt up to $3,000 in this case.
Your Personal Property
Missouri law protects many everyday items, such as clothing, furniture, appliances, electronics, and personal effects. There is a $3,000 total exemption for these items.
Your Valuable Jewelry
If you have a wedding ring, there is a $1,500 exemption plus an additional $500 on other valuable jewelry. The total combined value protects these assets.
Your Wildcard
This exemption is called a “wildcard” because you can use it for pretty much anything. Whether it’s a collection of rare coins or a family heirloom, you can exempt up to $600 in value on it.
Additionally, you can exempt $350 for each child you have, and if you are the head of your household, you can exempt another $1,250.
Your Retirement Accounts and Pensions
Most tax-advantaged retirement accounts, including 401(k)s, IRAs, and employer-sponsored programs, are fully protected in bankruptcy. This means your long-term savings remain secure.
Additional Exemptions in Missouri
Insurance policies, workers’ compensation, unemployment, wrongful death recovery, wages, and firearms and ammunition are also covered under Missouri bankruptcy exemptions.
Dive deeper into these exemptions in our updated guide on Missouri Bankruptcy Exemptions.
Missouri Bankruptcy Requirements by Court District
One of the most essential things to know about filing bankruptcy in Missouri is which court you should file in. There are two bankruptcy court districts in our state:
Depending on where in Missouri you live, you will need to file with one of these court districts.
You can view the table below to determine which district serves your county.
|
District |
Counties |
|
Eastern District of Missouri |
Adair, Audrain, Bollinger, Butler, Cape Girardeau, Carter, Chariton, Clark, Crawford, Dent, Dunklin, Franklin, Gasconade, Iron, Jefferson, Knox, Lewis, Lincoln, Linn, Macon, Maries, Marion, Mississippi, Monroe, Montgomery, New Madrid, Pemiscot, Perry, Phelps, Pike, Ralls, Randolph, Reynolds, Ripley, Schuyler, Scotland, Scott, Shannon, Shelby, St. Charles, St. Francois, St. Louis, Ste. Genevieve, Stoddard, Washington, Wayne |
|
Western District of Missouri |
Andrew, Atchison, Barry, Barton, Bates, Benton, Boone, Buchanan, Caldwell, Callaway, Camden, Carroll, Cass, Cedar, Christian, Clay, Clinton, Cole, Cooper, Dade, Dallas, Daviess, DeKalb, Douglas, Gentry, Greene, Grundy, Harrison, Henry, Hickory, Holt, Howard, Howell, Jackson, Jasper, Johnson, Laclede, Lafayette, Lawrence, Livingston, McDonald, Mercer, Miller, Moniteau, Morgan, Newton, Nodaway, Oregon, Osage, Ozark, Pettis, Platte, Polk, Pulaski, Putnam, Ray, Saline, St. Clair, Stone, Sullivan, Taney, Texas, Vernon, Webster, Worth, Wright |
Eastern District Bankruptcies
The central bankruptcy court in the Eastern District is the Thomas F. Eagleton U.S. Courthouse in St. Louis. You may be able to file in other courts in Hannibal and Cape Girardeau, but the St. Louis court has permanent bankruptcy staff.
You may file your bankruptcy forms and documents in person or by mail using the address below:
Eastern Division
Thomas F. Eagleton U.S. Courthouse
111 South 10th Street, 4th Floor
St. Louis, MO 63102
Additionally, you can use the Electronic Self-Representation (eSR) to file online.
Western District Bankruptcies
The central bankruptcy court in the Western District is the United States Courthouse in Kansas City. There are other courts in this district, but the Kansas City court is the only one where you can file for bankruptcy.
To submit your files and documents in person or by mail, you may use the address below.
Western Division
U.S. Bankruptcy Court
400 E. 9th Street
Kansas City, MO 64106
Additionally, you may submit these documents online through the dedicated Electronic Self-Representation (eSR) platform.
Why It Matters Which District You File In
The two bankruptcy districts in Missouri operate slightly differently from each other. Trustees in the Eastern and Western Districts may request different documents, ask different questions at the 341 meeting, and follow slightly different procedures.
Timelines can also vary, affecting how quickly your case moves and when you receive your discharge. Filing in the wrong district or missing a district-specific requirement can delay your case.
Working with an experienced Missouri attorney ensures your case is filed correctly and that all local expectations are met, helping the process move as smoothly as possible.
What Documents Do You Need to Gather Before Filing for Bankruptcy in Missouri?
Preparing the right documents is one of the most important steps in the bankruptcy process. The court, trustee, and your attorney rely on accurate information about your income, assets, debts, and financial history to prepare your case. Missing or incomplete documentation can delay your case or lead to additional questions from the trustee, so it’s important to start gathering these items early.
An experienced bankruptcy attorney will help you understand exactly what you need and make sure everything is completed before your case is filed. Below is an overview of the most common documents required in Missouri bankruptcy cases.
Proof of Income
You will need to provide detailed information about your income for the past six months. This helps determine eligibility and ensures your financial paperwork is accurate.
Examples of this include:
- Pay stubs or wage statements
- Profit-and-loss statements if you’re self-employed
- Social Security income letters
- Pension or retirement income statements
- Unemployed benefit statements
- Documentation of any side income or household contributions
Tax Returns
Missouri bankruptcy trustees typically request:
- Your last two years of federal and state tax returns
- Transcripts if returns were not filed
If you have unfiled tax returns, your attorney will guide you on how to correct this before filing for bankruptcy.
Bank Statements
You’ll need to provide bank statements for all checking, savings, and investment accounts for the past several months.
These statements help verify income, expenses, and the balance of any cash on hand. Trustees use this information to ensure all assets are correctly reported.
List of Debts and Creditors
You must provide a complete list of everyone you owe money to, including:
- Credit cards
- Personal loans
- Medical bills
- Collection accounts
- Payday loans
- Taxes owed
- Student loans
- Mortgage and vehicle lenders
- Judgments, lawsuits, or garnishments
Your attorney will use this list to prepare the schedules that notify creditors of your bankruptcy filing.
Asset Information
To properly apply Missouri bankruptcy exemptions, your attorney will need documentation and details about your assets, including:
- Real estate deeds or mortgage statements
- Vehicle titles and loan balances
- Retirement account balances
- Life insurance policies with cash value
- Personal property of significant value (jewelry, collectibles, firearms, etc.)
- Business ownership records
If you’re unsure whether something “counts” as an asset, your attorney will help you document it correctly.
Monthly Expenses
Accurate expense reporting helps determine disposable income and overall eligibility. Common expenses include:
- Housing and utilities
- Food and household supplies
- Transportation costs
- Insurance premiums
- Childcare or medical expenses
- Support obligations (child support or alimony)
Legal or Financial Notices
You should also gather copies of the following documents:
- Lawsuits
- Wage garnishments
- Foreclosure or repossession notices
- Collection letters
- Judgments or liens
These documents help your attorney understand urgent issues and determine how bankruptcy can stop or resolve them.
Steps to Filing Bankruptcy in Missouri
After you’ve decided which type of bankruptcy to file, chosen which assets you would like to exempt, and learned which court you need to file in, you’re ready to actually begin the Missouri bankruptcy filing process. We’ve broken this process down into nine basic steps. Keep in mind that there are some important differences between the Chapter 7 and Chapter 13 bankruptcy processes in Missouri; we note those differences in the steps below.
1. Put Your Bankruptcy Documents Together
You’re going to have a much easier time filing bankruptcy if you have all of the information and forms you will need right in front of you as you file. That way, you avoid chasing down information and seeking out forms when you’re just ready to get it all over with.
Here are some of the key pieces of information you will need to file for bankruptcy in Missouri:
- Your Social Security number
- Your home address
- Your wage and income information
- The name and address of your employer(s)
- A list of all of your creditors
- A list of all of your valuable property, including your homes, land, vehicles, and valuables
- A list of each financial account in your name, including bank accounts, investment accounts, and similar accounts
- A detailed list of your recurring monthly expenses, including rent, mortgage, childcare, and groceries
- Your state and federal tax returns for the previous two years
2. Take the Credit Counseling
Before you can actually file bankruptcy in Missouri, you have to take an approved credit counseling course. Most of these courses are offered online and are relatively simple to get through.
Once you’ve completed the course, you will get a certificate, which allows you to file for bankruptcy sometime in the next 180 days.
To see a list of companies that are approved to give the credit counseling course in Missouri, click here.
3. Fill Out Your Forms
In addition to all of your financial information and your certificate of completion from your credit counseling course, there’s even more paperwork: the official bankruptcy forms.
The forms differ by individual Missouri court and type of bankruptcy, but much of the information in them will come from your financial documents, such as your list of assets and your current income.
Keep in mind that, for Chapter 13 bankruptcy, you will have to develop a repayment plan as part of this process. That plan must be approved by your bankruptcy trustee. A lawyer can help you draft your repayment plan.
Mistakes on these forms could delay or harm your bankruptcy filing, so it’s important to be thorough here. If you work with a bankruptcy lawyer, they can fill out the forms on your behalf to make sure every detail is exactly right.
4. Pay Your Filing Fee
There is a filing fee of $338 to pay if you’re filing Chapter 7 or Chapter 13.
However, if you’re filing for Chapter 7 bankruptcy, you may be eligible for a fee waiver if you earn less than 150% of Missouri’s poverty level.
For reference, below are the Missouri fee waiver limits.
|
Household Size |
Fee Waiver Limit (Monthly Income) |
|
1 |
$1,956.25 |
|
2 |
$2,643.75 |
|
3 |
$3,331.25 |
|
4 |
$4,018.75 |
|
5 |
$4,706.25 |
|
6 |
$5,393.75 |
|
7 |
$6,081.25 |
|
8 |
$6,768.75 |
|
For each additional person, add |
$687.50 |
Learn more about the costs involved in our guide, “How Much Does It Cost to File a Bankruptcy in Missouri?”
5. File Your Bankruptcy Forms with the Missouri Court
Once you have all your information and forms together, print them and bring them to the courthouse for filing (or have your bankruptcy lawyer do it).
Don’t staple or otherwise alter the printed forms, and be sure they’re printed on clean white paper in an easy-to-read format.
There are three methods in which you can submit your bankruptcy forms and documents:
- In Person: You may bring all of your documents and forms to a Missouri bankruptcy courthouse in person. You can hand them directly to the clerk, who will tell you if something is incorrect or needs changing.
- By Mail: Filers may mail forms to the courthouse that serves their jurisdiction. This is a useful option if you do not have time to visit a courthouse in person. Many filers choose to send their documents by certified mail to ensure they arrive.
- Online: You can file your forms online for convenience. It’s important to follow all of the directions and submit your forms to the right district.
6. Mail Materials to Your Bankruptcy Trustee
After you have filed your bankruptcy forms, the automatic stay takes effect, which means your creditors can’t continue to pursue payments from you. This is also the step where you are assigned a bankruptcy trustee who will oversee many aspects of your case.
Soon after you file, you need to mail additional documents to your trustee. These include:
- The two most recent federal tax returns
- Bank statement that includes the filing date for your case
- Copy of your photo ID
- Proof of Social Security number
- Recent paystub or additional proof of income
You may also hear from them if they need any other documents or information. Because you likely want to focus on your family and your job, this can be frustrating, but it’s important—and legally required—that you cooperate with your trustee throughout this process.
7. Take Your Next Bankruptcy Course
Within 90 days of filing bankruptcy in Missouri, you will need to take a second financial course and file a certificate of completion with the bankruptcy court.
This second course focuses more on managing your finances in the future, after your bankruptcy is over. Be sure the course you take, which in most cases will be online, is coming from an approved debtor education course provider.
8. Go to Your 341 Meeting
If you filed Chapter 7 bankruptcy, you will have a 341 meeting — also called a meeting of creditors — around a month after filing. Here, your creditors can come and object to your bankruptcy filing and ask questions about your case.
You are obligated to attend and answer all questions honestly, but in most cases, creditors do not attend 341 meetings. Most likely, the meeting will be just you, your attorney, and your bankruptcy trustee for a brief discussion of your case.
9. Get Your Bankruptcy Discharge
In Chapter 7 bankruptcy, your debts will usually be discharged three to four months after you file. In Chapter 13 bankruptcy, your debts will be discharged after you have successfully completed your three- to five-year repayment plan. After that, you’re all done.
A Missouri Bankruptcy Lawyer Can Help
We hope this deep dive into how to file bankruptcy in Missouri has been helpful and relieved some of your fears and anxieties surrounding the bankruptcy process. In our opinion, the steps described above are missing one essential first step that can relieve your stress even more: contacting a Missouri bankruptcy lawyer.
With a trusted bankruptcy attorney on your side, you have an experienced and knowledgeable guide to help you through each step of the bankruptcy process. That way, you can focus on your life and get to your fresh financial start faster and with fewer wrinkles.
At A Bankruptcy Law Firm, LLC, our goal is to help Missourians file bankruptcy quickly and effectively so they can get back to their lives and families. We’ve done so for countless Missouri families, and we’re ready to help you, too. When you’re ready to get started, reach out to us by calling (800) 7-BENSON or contacting us online.
