What you can keep in bankruptcy in Mississippi: what to do
Checked against official sources: Oct 25, 2026
In Mississippi:
- Which exemptions you use
- State exemptions only.
- Your home
- $75,000 in equity in the land and buildings you own and live in, on up to 160 acres.
- Do this now
- List everything you own with its value, and any loan against it.
In bankruptcy, exemptions are the property the law lets you keep. Your state decides whether you use only its own exemption list or may choose the federal list instead; you pick one whole set and can't mix them.
More about this
Which state's list applies depends on where you lived for the 730 days (2 years) before you file. A discharge does not remove a valid lien, so a lender with a lien on your car or home may still take it if you don't pay.
General legal information, not legal advice. RobinClaim is not a law firm.
Build your plan
Choose your state and answer 3 quick questions. The plan below changes as you answer: steps that don't fit your answers are hidden, and your state's deadlines appear. Your answers stay in the page address.
Your plan for Mississippi
Do now
Look up your state's exemption system: which list you may use.
Which exemptions you use
Mississippi: State exemptions only.
Why: Some states let you choose the state list or the federal list (one whole set, never a mix); others allow only the state list.
Look up your state's homestead rule: how much of your home it protects.
Your home
Mississippi: $75,000 in equity in the land and buildings you own and live in, on up to 160 acres.
Why: Some states set a dollar amount, some protect a home with no dollar limit, and a few give a rule that can change each year.
If you moved to your state less than 2 years before filing, check which state's exemptions apply.
Why: You use the exemption law of the state where you lived for the full 730 days before filing; if you moved during that time, it is the state where you lived for the 180 days before those 2 years, or for most of them.
List everything you own with its value, and any loan against it.
Why: The bankruptcy forms ask for all your property (Schedule A/B) and for the property you claim as exempt (Schedule C).
Nothing extra here for your answers.
This week
Compare your list with your state's exemptions on Bankruptcy Help Map.
Why: It shows each category for your state: home, car, household goods, wages, retirement accounts and others, next to the federal list where you may choose it.
If you acquired your home equity within 1,215 days (about 3 years and 4 months) before filing, note the federal cap.
Why: If you use your state's exemptions, you can protect no more than $214,000 of home equity acquired in those 1,215 days; equity moved from an earlier home in the same state does not count (11 U.S.C. 522(p)).
Know that retirement money in tax-exempt accounts is protected whichever list you use.
Why: Traditional and Roth IRAs are protected up to $1,711,975 in total; money rolled over from a 401(k) or similar employer plan does not count toward that cap (11 U.S.C. 522(n)).
Ask legal aid or a bankruptcy lawyer to review your list before you file.
Why: Values, liens and which list applies decide what you keep, and a mistake can cost you property.
Nothing extra here for your answers.
If it's not resolved
If you file, list the property you claim as exempt on Schedule C (Official Form 106C).
Why: Schedule C is the official form for the property you claim as exempt: uscourts.gov/forms-rules/forms/schedule-c-property-you-claim-exempt-individuals
If a loan is secured by your car or home, keep in mind that a discharge does not remove a valid lien.
Why: A discharge ends your personal liability, but a secured lender may still take the property if you don't pay.
If you are married and file one joint case, you both use the same set of exemptions.
Why: A married couple filing together must both pick the same set; with the federal list, each spouse can claim its amounts separately.
Nothing extra here for your answers.
Deadlines
Which exemptions you use
General rule: see state
In Mississippi:
State exemptions only. You use the Mississippi list. The federal list is not available in Mississippi.
Law: Miss. Code Ann. 85-3-2 · checked Oct 2026 · Official source
Your home (homestead)
General rule: see state
In Mississippi:
$75,000 in equity in the land and buildings you own and live in, on up to 160 acres.
Law: Miss. Code Ann. 85-3-21; 85-3-1(d) · checked Oct 2026 · Official source
Which state's exemptions apply
General rule: The state where you lived for the 730 days before filing (if you moved, the 180 days before that)
Federal cap on newly acquired home equity
General rule: $214,000 of equity acquired in the 1,215 days before filing, if you use your state's exemptions
Key facts for Mississippi
Bankruptcy Help Map
- Exemptions you use
- State exemptions only
- Your home (homestead)
- $75,000 in equity in the land and buildings you own and live in, on up to 160 acres.
- Where you file
- 2 federal districts: Northern District, Southern District
- Means test median income, 1 person
- $53,978 a year (cases filed on or after April 1, 2026)
Bankruptcy Help Map: Mississippi · checked Oct 2026
Documents to gather
- A list of everything you own, with values
- Deed or mortgage statement for your home
- Car title and loan statement
- Retirement account statements
- Bank statements
- Statements for any loan secured by property
Where to go
- StateYour state's bankruptcy exemptions (Bankruptcy Help Map)
Every exemption category for your state, with the official sources
Bankruptcy Help Map: Mississippi
- FederalThe federal bankruptcy court for where you live
Where you file; the court's rules, forms and help for filing without a lawyer
Mississippi: One of 2 federal districts, by where you live: Northern District (msnb.uscourts.gov); Southern District (mssb.uscourts.gov)
- FederalU.S. Courts: official bankruptcy forms (Schedules A/B and C)
To list your property and the property you claim as exempt
- FederalLegal aid (Legal Services Corporation finder)
You need free legal help and have low or moderate income
Costs
Court filing fees: Chapter 7 is $338 ($245 filing fee + $78 administrative fee + $15 trustee fee); Chapter 13 is $313 ($235 + $78). The Chapter 7 fee can be paid in up to 4 installments within 120 days (the court can allow up to 180 days for a good reason), or waived if your income is below 150% of the poverty line and you can't pay even in installments. Credit counseling agencies may charge a reasonable fee but must give the course and certificate whether or not you can pay. Bankruptcy Help Map's tables, means test check, checklist and letter are free.
Talk to a lawyer if
- You own a home with equity, or a car or other property that may be worth more than your state protects
- You moved to your state in the last 2 years
- You acquired home equity in the last 1,215 days (about 3 years and 4 months)
- You recently sold, gave away or transferred property, or paid back relatives
- You own a business or property in more than one state
Free help
Free civil legal aid for people with low income: find your local program through LawHelp.org (lawhelp.org) or the Legal Services Corporation (lsc.gov/about-lsc/what-legal-aid/get-legal-help). Many bankruptcy courts list free help desks and volunteer lawyer programs on their websites, and Bankruptcy Help Map lists free help for each state. Court clerks can't give legal advice.
Guides for your state
Guides for every state
Questions
Which exemptions you use in Mississippi: what is the rule?
State exemptions only. You use the Mississippi list. The federal list is not available in Mississippi. (Miss. Code Ann. 85-3-2)
Your home in Mississippi: what is the rule?
$75,000 in equity in the land and buildings you own and live in, on up to 160 acres. (Miss. Code Ann. 85-3-21; 85-3-1(d))
Which state's exemptions apply: what is the rule?
The state where you lived for the 730 days before filing (if you moved, the 180 days before that)
Federal cap on newly acquired home equity: what is the rule?
$214,000 of equity acquired in the 1,215 days before filing, if you use your state's exemptions
When should I talk to a lawyer?
You own a home with equity, or a car or other property that may be worth more than your state protects; You moved to your state in the last 2 years; You acquired home equity in the last 1,215 days (about 3 years and 4 months); You recently sold, gave away or transferred property, or paid back relatives; You own a business or property in more than one state.
How much does it cost?
Court filing fees: Chapter 7 is $338 ($245 filing fee + $78 administrative fee + $15 trustee fee); Chapter 13 is $313 ($235 + $78). The Chapter 7 fee can be paid in up to 4 installments within 120 days (the court can allow up to 180 days for a good reason), or waived if your income is below 150% of the poverty line and you can't pay even in installments. Credit counseling agencies may charge a reasonable fee but must give the course and certificate whether or not you can pay. Bankruptcy Help Map's tables, means test check, checklist and letter are free.
Plans by state
Open the plan with one state's rules filled in:
Sources
- 11 U.S.C. 522 (exemptions)
- Judicial Conference: adjusted dollar amounts, 90 FR 8941 (Feb. 4, 2025)
- U.S. Courts: bankruptcy forms
- U.S. Courts: Bankruptcy Court Miscellaneous Fee Schedule
Plan checked Oct 2026. Independently fact-checked 2026-10-25.
This plan is general legal information, not legal advice. RobinClaim is not a law firm. Laws and deadlines change and have exceptions: check with the official source or a lawyer or legal aid office about your own case. How we research.