Mississippi Bankruptcy

Bankruptcy is a legal process that, in federal court, assists indebted individuals or businesses to seek relief from their creditors. Mississippi is an opt-out state, so that individuals may file for bankruptcy under the state’s exemption laws rather than the federal exemption system. State-level rules will shape what property you can keep, including generous homestead protections for your primary residence.

In Mississippi, the state exemptions outline which assets are protected from liquidation and which must be accounted for in a repayment plan. However, to qualify for Mississippi exemptions, you must meet federal residency requirements (at least 730 days of state residency before filing).

How to File Bankruptcy in Mississippi

In Mississippi, the bankruptcy process involves a structured process that ensures compliance and smooth case administration. It allows you to participate in a credit-counseling course (with an approved provider) within 180 days before filing. You must collect your financial records, including tax returns, pay stubs, income records, bank statements, asset and debt lists, real-estate deeds, and vehicle titles. Choose a chapter (7, 13, or 11) and apply Mississippi exemptions to determine which asset is protected.

File your petition and schedules through an attorney or pro se (you must follow the clerk’s requirements) in the proper Mississippi bankruptcy district. Pay the court’s filing fee, request installments, or apply for a fee waiver (for the Chapter 7 fee if eligible). You must attend the 341 meeting of creditors, with a valid ID and answer the trustee's questions. It is mandatory to complete debtor education training after filing and to respond to all trustee or court requests until discharge or plan approval.

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

Chapter 7 (Liquidation)

This chapter is designed for debtors with limited income and unsecured debt. It allows a trustee to sell non-exempt property of the debtors to repay their debts. Mississippi’s homestead and personal-property exemptions help to protect certain property.

Chapter 13 (Repayment Plan)

This chapter provides an option to reorganize debt over 3–5 years for individuals with regular income. It stops foreclosure and catches up on missed mortgage payments. The payments also depend, in part, on the value of non-exempt equity under Mississippi exemption rules.

Chapter 11 (Reorganization)

High-debt individuals and businesses may use this option to relieve their debts. It allows debtors to maintain control of their businesses while restructuring operations and debt through a court-approved plan.

Step In Filing For Bankruptcy in Mississippi

Go through this quick guide for the steps in filing bankruptcy cases in Mississippi:

• Complete a credit-counseling course
• Gather all financial and asset documentation
• Choose a chapter and apply the Mississippi exemptions
• File your petition and schedules with the court
• Pay the filing fee or seek waiver/installments
• Attend the 341 meeting of creditors
• Complete a debtor-education course
• Monitor court and trustee communications until discharge or plan completion

Mississippi Bankruptcy Courts & Record Access

Mississippi is divided into two federal bankruptcy districts:

Court Locations

The Northern District of Mississippi: The court has its primary location in Aberdeen, with additional divisions/hearing locations in Oxford and Greenville. You may access bankruptcy forms on the court’s website. The main office of the United States Bankruptcy Court for the Northern District of Mississippi is at:

The Southern District of Mississippi: The main office for the Southern District of Mississippi court is located in Jackson. The court provides additional divisions in Gulfport, Hattiesburg, and Natchez. The address for the main office is:

Record Access

Bankruptcy records are public and available at the appropriate court district. You can access these records through the Public Access to Court Electronic Records (PACER) system. However, you must register with the PACER Service Center before accessing the system. You may contact the PACER Service Center by phone at 1-800-676-6856. Viewing a record is free in the system, but there is a $.10 per-page charge for access to court documents.

The court allows telephone access to case information. You can use the Voice Case Information System (VCIS) at 1-866-222-8029 to search for case information by case number, full name, or Social Security Number. You can search for up to five cases per session.

You may visit the clerk’s office during business hours (8:00 am - 5:00 pm) to request court documents. Most bankruptcy records are stored electronically and can be viewed at no charge using dedicated public access computers in the Clerk's Office. Viewing documents on the terminal is free. However, if you need to print documents, there is a fee of $0.10 per page for non-certified documents. You may also request certified copies from the clerk.