Missouri Bankruptcy

Bankruptcy is a court process that enables individuals or businesses to seek relief from some or all of their debts. In Missouri, this process is handled in federal court. The state’s exemption laws decide what property you can keep.

Missouri is an opt-out state, so you cannot claim federal exemptions; you must use Missouri exemptions. The state exemptions include the homestead rule and personal-property exemptions that shape what you keep and what you must repay.

How to File Bankruptcy in Missouri

You begin your bankruptcy process by completing a credit counseling course within 180 days prior to filing. All necessary documents, such as recent tax returns, six months of income, bank statements, complete asset/debt lists, deeds, and titles, must be submitted to the court.

You may choose a chapter and apply the Missouri exemptions rather than the federal ones.File your petition and schedules in the appropriate bankruptcy district of Missouri. An attorney or pro se may file the petition. Pay the appropriate filing fee or request relief (especially for Chapter 7).

There is a 341 meeting of creditors, which you must attend and provide your ID and any documents requested by the trustee. Then make sure you monitor all court notices until discharge or plan confirmation.

Missouri Bankruptcy Types: Chapter 7, Chapter 13 & Chapter 11

It is vital for an individual or business to choose the right chapter, based on income, assets, and goals.

Chapter 7 (liquidation)

Your choice of this chapter allows a trustee to sell your non-exempt assets to repay debts. The state exemptions for homestead and personal property are pivotal to what assets you keep.

Chapter 13 (repayment)

Any individual who chooses this chapter may cure arrears and reorganize their debts. The repayment plan (carried out within 3-5 years) must cover the value of any non-exempt equity under Missouri law.

Chapter 11 (reorganization)

This type of bankruptcy is used mainly by businesses and some high-debt individuals. They may continue to operate their businesses while a plan is negotiated in the Missouri districts.

Step In Filing For Bankruptcy in Missouri

Below is a quick list for individuals or businesses to avoid missed steps and deadlines during a bankruptcy filing in Missouri.

• Complete your credit-counseling course
• Gather all financial records (such as income, taxes, assets, and debts)
• Choose the right chapter and apply Missouri exemptions
• File your petition and schedules with the proper court district
• Pay the filing fee or request a waiver/installments
• Attend the 341 meeting of creditors
• Complete debtor-education course
• Respond to trustee/court notices until discharge or plan completion

Missouri Bankruptcy Courts & Access to Records

You may file for bankruptcy in the district that covers your county, and use the courts’ official tools to access dockets.

Court Locations

The Eastern District of Missouri: The main court district (staffed) is located in St. Louis. You may also visit the court divisions in Hannibal and Cape Girardeau. You may contact the main office of the United States Bankruptcy Court for the Eastern District of Missouri at:

The Western District of Missouri: The district's headquarters are located in Kansas. The court has additional divisions in Jefferson City and Springfield. You may access the court’s bankruptcy court calendar online. The address of the main office of the United States Bankruptcy Court for the Western District of Missouri is:

Record Access

Bankruptcy case records are maintained by the clerks of the U.S. Bankruptcy Court for the District of Missouri (Eastern and Western). The Public Access to Court Electronic Records system enables individuals to access federal court records, including bankruptcy records in Missouri. To access the system, you must register for a free Pacer account and pay a $0.10 fee to search and view the court case files.

Limited information about court records is also available at the Multi-Court Voice Case Information System (McVCIS). This system (free of charge) provides individuals/callers with basic case information. They must dial (866) 222-8029 from any touch-tone phone to access this service at any time.

The Clerk's office manages all court records. You may contact the clerk by mail or visit their office during public office hours, Monday to Friday, 8:30 AM to 4:30 PM, to access bankruptcy records. Printing of court documents is not free. Public access computer terminals are available in the clerk's office. You may view and print bankruptcy records (as long as they are not sealed) from these terminals.