Missouri exemptions?

[Over our heads]

I am having some trouble with the exemptions. I find 2 different sets.

I find this one, and I have deleted everything that doesn't apply to us.

http://www.missouribankruptcy.com/exemptions.html

ASSET
EXEMPTION DESCRIPTION


Homestead
Real property to $8000 or mobile home to $1000 (joint owners may not double)

Property held as tenancy for the entirety may be exempt against debts owed by only one spouse
513.430(6), 513.475


Personal Property
Appliances, household goods, furnishings, clothing, books, crops, animals & musical instruments to $1,000

Burial grounds to 1 acre or $100

Health aids

Jewelry to $500

Motor vehicle to $1000

Tools of Trade
Implements, books & tools of trade to $2000
513.430(4) (does DH's computer fit here, since he does need it to work from home?)

Wages
Minimum 75% of earned but unpaid wages (90% for head of family); bankruptcy judge may authorize more for low-income debtors


WILD CARD
$1250 of any property if head of family, else $400; head of family may claim an additional $250 per child
(can this be actual cash on hand, and is he head, me the 'else'? then 250x4 for our kids?)

I also find this set of exemptions.

http://www.missouri.freebankruptcyevaluation.com/missouri/bankruptcy-exemptions.html

ASSET EXEMPTION DESCRIPTION LAW SECTION
HOMESTEAD

Real property up to $15,000, or mobile home up to $5,000. Tenancies by the entirety are exempt without limit as to debts of one spouse [In re Anderson, 12 B.R. 483 (WD. Mo. 1981)].
513.430 & 513.475



PERSONAL PROPERTY
Burial grounds up to $100 or 1 acre.
214.190

Motor vehicle up to $3,000; clothing, household goods, appliances, furnishings, books, animals, musical instruments and crops up to $3,000 total; health aids; jewelry up to $500 (wedding ring up to $1,500); wrongful death recoveries for a person you depended upon.
513.430

Any property up to $1,250 plus $350 per child for head of family; up to $600 for others.
(again is this 1250 for him, 350x4 for kids, 600 for me?)
(can this me actual cash money?)




TOOLS OF TRADE
Tools, books, and implements to $3,000.


WAGES

The greater of the following: 30 times the federal minimum hourly wage or 75% minimum of weekly earnings (90% for head of household). Judge may approve more for low income debtor.


The reason I am so concerned with cash, is that our SN daughter has a chance at an awesome surgical study, but the study takes place in a different state, and we are responsible for transportation and housing while there.
And, our budget is so tight, that if they take any of his earned but unpaid wages, we will be in the hole for that pay period.

Since we are married filing jointly, are all of these exemptions doubled? Except for homestead of course. Can the homestead exemption be applied anywhere else? Due to value drop, we are technically upside down in our home.

TIA for your thoughts.

[nervousss]

From the official Missouri Western district FAQ page:

http://www.mow.uscourts.gov/debtor/index.html

When I am filling out Schedule C - Property Claimed as Exempt, how do I know what property is exempt?
Under state and federal laws, debtors are entitled to keep certain exempt property. The Clerk's Office cannot give legal advice. You can, however, research Title 11 of the US Code, Chapter 5, Subchapter II, Section 522 as well as the Missouri Revised Statutes for more information on allowable exemptions.

I googled these things.

Section 522... knock yourself out :/

http://www.law.cornell.edu/uscode/11/522.html

This is all I could 'officially' find for Missouri specific exemptions.

http://www.moga.mo.gov/statutes/C500-599/5130000427.HTM

I'm in Missouri, but I totally relied on my lawyer for these things. I found, like you, a bunch of sites with simplified but varying information. Are you filing pro se? Perhaps you could schedule a consult somewhere and ask for a list of exemptions, even if you don't intend on using their assistance??

[yuckhatethis]

I also relied pretty heavily on my attorney, but that second set of numbers looks much more likely to me. The first set seems way off.

I am having some trouble with the exemptions. I find 2 different sets.

I find this one, and I have deleted everything that doesn't apply to us.

http://www.missouribankruptcy.com/exemptions.html

ASSET
EXEMPTION DESCRIPTION


Homestead
Real property to $8000 or mobile home to $1000 (joint owners may not double)

Property held as tenancy for the entirety may be exempt against debts owed by only one spouse
513.430(6), 513.475


Personal Property
Appliances, household goods, furnishings, clothing, books, crops, animals & musical instruments to $1,000

Burial grounds to 1 acre or $100

Health aids

Jewelry to $500

Motor vehicle to $1000

Tools of Trade
Implements, books & tools of trade to $2000
513.430(4) (does DH's computer fit here, since he does need it to work from home?)

Wages
Minimum 75% of earned but unpaid wages (90% for head of family); bankruptcy judge may authorize more for low-income debtors


WILD CARD
$1250 of any property if head of family, else $400; head of family may claim an additional $250 per child
(can this be actual cash on hand, and is he head, me the 'else'? then 250x4 for our kids?)

I also find this set of exemptions.

http://www.missouri.freebankruptcyevaluation.com/missouri/bankruptcy-exemptions.html

ASSET EXEMPTION DESCRIPTION LAW SECTION
HOMESTEAD

Real property up to $15,000, or mobile home up to $5,000. Tenancies by the entirety are exempt without limit as to debts of one spouse [In re Anderson, 12 B.R. 483 (WD. Mo. 1981)].
513.430 & 513.475



PERSONAL PROPERTY
Burial grounds up to $100 or 1 acre.
214.190

Motor vehicle up to $3,000; clothing, household goods, appliances, furnishings, books, animals, musical instruments and crops up to $3,000 total; health aids; jewelry up to $500 (wedding ring up to $1,500); wrongful death recoveries for a person you depended upon.
513.430

Any property up to $1,250 plus $350 per child for head of family; up to $600 for others.
(again is this 1250 for him, 350x4 for kids, 600 for me?)
(can this me actual cash money?)




TOOLS OF TRADE
Tools, books, and implements to $3,000.


WAGES

The greater of the following: 30 times the federal minimum hourly wage or 75% minimum of weekly earnings (90% for head of household). Judge may approve more for low income debtor.


The reason I am so concerned with cash, is that our SN daughter has a chance at an awesome surgical study, but the study takes place in a different state, and we are responsible for transportation and housing while there.
And, our budget is so tight, that if they take any of his earned but unpaid wages, we will be in the hole for that pay period.

Since we are married filing jointly, are all of these exemptions doubled? Except for homestead of course. Can the homestead exemption be applied anywhere else? Due to value drop, we are technically upside down in our home.

TIA for your thoughts.

[Over our heads]

We are using an attorney, but I never fail to have a question and it be too late to get ahold of them right before a weekend! And then today I spent it running about for med recs. Tomorrow I shall nail her down!