Doubling Exemptions in Missouri

[InDebtNeedHelp]

A question concerning doubling exemptions in Missouri:

I bought the NOLO book How to File for Chapter 7 Bankruptcycan't double homestead real property in Missouri.

It doesn't say anything about not being able to double personal property (furnishings, clothes, jewelry, etc.).

The Missouri Section 513.430 doesn't say anything about doubling.

http://www.moga.mo.gov/statutes/C500-599/5130000430.HTM

The book seems to suggest that I can double personal property in Missouri, but I have my doubts because they do not allow the doubling of a homestead. Anyone care to weigh in?

[InDebtNeedHelp]

Any help here would be appreciated. I am about to begin a long day of paperwork and decision making. THANKS!!!

[lrprn]

The reason you aren't getting answers about this is that no one here feels they have a reliable answer to your question.

Looking at multiple websites listing Missouri's exemptions, none of them indicate whether any exemptions can be doubled for spouses or not. Typically if you can double exemptions, that information will be included on at least some of these websites. My guess is that your exemptions cannot be doubled, but it's just a guess.

This is a question that an experienced MO bk attorney can answer - have you set up free initial consultations with any yet?

[InDebtNeedHelp]

I looked at websites and didn't see anything, either. You are probably correct.

No, I haven't done any free consultations because I know I am filing on my own. I would not feel right about doing that to someone knowing full well that I would not use their services.

The reason you aren't getting answers about this is that no one here feels they have a reliable answer to your question.

Looking at multiple websites listing Missouri's exemptions, none of them indicate whether any exemptions can be doubled for spouses or not. Typically if you can double exemptions, that information will be included on at least some of these websites. My guess is that your exemptions cannot be doubled, but it's just a guess.

This is a question that an experienced MO bk attorney can answer - have you set up free initial consultations with any yet?

[InDebtNeedHelp]

I can't find anything about this issue online, and I have doubts about the book. Everything I read in the book, I am confirming through government websites, but I can't find anything about this.

Any ideas?

[LuciluS]

Google Missouri Bankruptcy Exemptions. Oh Me, Missouri exemptions are brutal. No you cannot double the homestead exemption. Not sure about the other exemptions. Personal Property of $1,000. Implements, books & tools of the trade $2,000 - hope you can find a way to use this.

I found 2 websites for you to look at:

http://www.legalconsumer.com/bankruptcy/laws/#Missouri

http://www.bankruptcyinformation.com/MO_exemp.htm

Make sure and click on the Federal extra additional exemptions you are allowed. Also note the homestead exemptions are $15,000 on the 1st website and $8,000 on the 2nd.

Have you tried googling your city, state & type bankruptcy. It should show a website to your District/State & possibly it may show the exemptions and also tips for Pro Se.

If you are still confused, make a Free Consultation & ask the exemptions. Doesn't mean you have to hire the Attorney. I think I'm pretty smart as I was an Accountant before becoming 100% disabled in 2005. Filing Bankruptcy is a Major Business Decision and I'm so glad we retained a BK Attorney.

Why? Here's an example: Dh is a truck driver & I've always used the IRS per diem when he is out overnight for Schedule C on our income tax returns. Our BK attorney told me he needed at least 6 months of Dh's weekly receipts. OMG! The receipts from truck stops are so small & some you can hardly read.

Good Luck!

Luci

[LuciluS]

You might be able to enroll in Pacer & check out some other Chapter 7 filings. Just beware to look at a page is $.08.

Also you might google Missouri bankruptcy statutes if the Eastern or Western District Bankruptcy websites were of no assistance to you (look at Everything on your District's website. If the have Judge's opinions...look at them..one might have something about appealing exemptions in the past.

Only other possible way, besides a Free Consult, is if your District is close to your home, you might be able to go to the Court and get some additional information.

Luci

[InDebtNeedHelp]

Yes, I have read the actual statutes.

If I go the Pacer route, can I look at Chapter 7 bankruptcies from Missouri only? Approximately how many pages will each one be? Can I choose to look at specific pages within each file, or do I have to download a person's whole file to view one of the pages? THANKS!!!

[InDebtNeedHelp]

Using PACER, I found a person that filed jointly in MO using an attorney and they doubled their personal property and jewelry exemptions. Thank you to everyone that helped!!!