Missouri · MO

Chapter 7 vs Chapter 13 in Missouri

Means test thresholds, Missouri homestead protection, local federal court filing data, and which chapter actually fits the typical Missouri filer.

The Missouri Answer in One Paragraph

Missouri filers choose between Chapter 7 (liquidation, 3-4 months, strong discharge rate) and Chapter 13 (3-5 year repayment plan, better for saving a home from foreclosure or for filers above the means test). Three Missouri-specific inputs drive the choice: (1) the Missouri means test median of $64,972 for a 1-person household, (2) the Missouri homestead exemption of $15,000 ($5,000 mobile home), and (3) the local filing mix and outcome data below. Everything else on this page is elaboration on those three factors.

Quick Side-by-Side

Chapter 7 in Missouri

Timeline3-4 months
Income testPass if at or below $64,972 (1p)
Filing fee$338
Attorney fees$1,000-$2,500
Homestead protected$15,000 ($5,000 mobile home)
Discharge rate (nat'l)~93%
Federal exemptions?No (state only)
vs

Chapter 13 in Missouri

Timeline3-5 years
Income testNo ceiling; need regular income
Filing fee$313
Attorney fees$3,000-$5,000+
Mortgage arrearsCurable over plan
Discharge rate (nat'l)~40-50%
Federal exemptions?No (state only)

Missouri Means Test Thresholds (April 2026)

Missouri's single-person median of $64,972 sits near the national midpoint. Filers close to the line should compute a careful 6-month average -- one high month (bonus, overtime, commission spike) can flip Part 1 from pass to fail.

Household SizeMissouri Median Income
1-person household$65,000
2-person household$84,500
3-person household$98,800
4-person household$115,000
5-person household$124,700
6-person household$134,500

For household sizes above 6, add $11,100 per additional member. Full details at the Missouri means test calculator. For a general discussion, see our means test overview.

Missouri Homestead Exemption and the Chapter Choice

Missouri's homestead exemption protects $15,000 ($5,000 mobile home) of primary-residence equity under RSMo 513.475. If your home equity is below that amount, Chapter 7 can usually wipe out your unsecured debt without putting the home at risk. If your equity exceeds the exemption, Chapter 13 is typically the right tool to keep the home while cramming down or curing mortgage arrears over 3-5 years.

Missouri is a state-exemptions-only jurisdiction. The federal exemption scheme under 11 U.S.C. Section 522(d) is not available. Review the full exemption list at bankruptcyexemptionsbystate.com/missouri before assuming any specific asset is safe.

Homestead amount (Missouri): $15,000 ($5,000 mobile home). Statute: RSMo 513.475.

Missouri's Chapter 7 vs Chapter 13 Filing Mix

Missouri's Ch. 7/13 mix is roughly balanced: 48.4% Chapter 7 vs 51.6% Chapter 13 across 45,771 cases. This is more Chapter 13-heavy than the national average. Ask your attorney to explain why your facts fit Chapter 13 better than Chapter 7 before committing to a 3-5 year plan.

Why does filing mix matter? Attorney fee structures often favor Chapter 13 (paid through the plan rather than up-front), which can produce local-market bias toward Chapter 13 that is not driven by individual debtor facts. FJC data lets you see whether Missouri's mix matches the economics of the typical filer's situation.

Missouri Federal Court Data

Numbers below come from the Federal Judicial Center Integrated Database, covering 45,771 consumer bankruptcy cases filed in Missouri's federal bankruptcy courts.

ChapterCases FiledDischarge Rate (resolved)
Chapter 722,13299.2%
Chapter 1323,63955.2%

Outcomes in Missouri differ sharply between the chapters. Of resolved Chapter 7 cases in the FJC database, 99.2% end in discharge. Of resolved Chapter 13 cases, only 55.2% end in discharge; the remaining 44.8% are dismissed before the plan completes. If you are physically able to file either chapter, this gap is a reason to think hard before committing to a 3-5 year Chapter 13 plan in Missouri.

Which Chapter Fits Which Missouri Filer?

  1. If your income is below the Missouri median ($64,972, 1-person) and you own little non-exempt property: Chapter 7 is almost certainly the right choice. Fast, cheap, and the highest discharge rate in consumer bankruptcy.
  2. If you are behind on your mortgage or car loan and want to keep the collateral: Chapter 13 lets you cure arrears over 36 to 60 months while the automatic stay blocks foreclosure and repossession.
  3. If you have high home equity and Missouri caps the homestead exemption: run the numbers on Chapter 13 cramdown, lien stripping (for wholly underwater junior liens), and the federal BAPCPA homestead cap before assuming Chapter 7 is safe.
  4. If you have filed before within the lookback windows: use the 1328(f) discharge screener first -- a prior Chapter 7 discharge bars another Chapter 7 for 8 years, and a prior Chapter 13 discharge bars another Chapter 13 for 2 years.

Rule of thumb for Missouri: if you qualify for Chapter 7 on the means test AND your home equity is within the $15,000 ($5,000 mobile home) homestead, Chapter 7 is almost always the right choice. Chapter 13 is the right answer when specific facts (arrears, non-exempt equity, prior Chapter 7 within 8 years) rule Chapter 7 out.

Frequently Asked Questions

Is Chapter 7 or Chapter 13 better in Missouri?

For most Missouri filers who pass the means test, Chapter 7 is faster, cheaper, and succeeds more often. Chapter 13 is the right choice if you need to save a home from foreclosure, cure arrears, catch up on priority taxes, or cannot qualify for Chapter 7.

What is the Chapter 7 income limit in Missouri?

There is no hard dollar limit. The means test compares your 6-month average income (annualized) to the Missouri median for your household size. One person: $64,972. Four person: $115,000. Above-median filers can still qualify by running Part 2 expense deductions.

Can I use federal bankruptcy exemptions in Missouri?

No. Missouri opted out of the federal bankruptcy exemption scheme. Filers must use state exemptions exclusively.

How much home equity is protected in Missouri bankruptcy?

Missouri's homestead exemption protects $15,000 ($5,000 mobile home) under RSMo 513.475. Federal BAPCPA limits (11 U.S.C. Section 522(p)) can cap this at approximately $214,000 for a residence acquired within 1,215 days of filing.

How long does bankruptcy take in Missouri?

Chapter 7 takes 3 to 4 months from filing to discharge in Missouri federal bankruptcy court. Chapter 13 takes 3 years (below-median) or 5 years (above-median) of monthly plan payments before discharge.

Can I switch from Chapter 13 to Chapter 7 in Missouri?

Yes. Under 11 U.S.C. Section 1307(a), a Chapter 13 debtor in Missouri generally has the right to convert to Chapter 7 at any time, as long as the case was not previously converted from Chapter 7. You must still pass the means test at the time of conversion.

Last updated: 2026-04-18. Not legal advice. Statutory homestead and median-income figures are reproduced from public sources and may lag statutory amendments -- verify against current state statute before relying.

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