Mississippi Chapter 7 Bankruptcy Packet — LSC-Grade Legal Guide

This packet is for informational purposes only and does not constitute legal advice. For legal advice, contact a licensed Mississippi attorney or your local legal aid organization.

Quick Facts: Chapter 7 Bankruptcy in Mississippi

1. Eligibility Checker — Who Can File Chapter 7 in Mississippi

You MAY qualify for Chapter 7 if:

• Your household income is below the Mississippi median income, OR
• You pass the "means test" (your disposable income is too low to repay debts)
• You have not filed a Chapter 7 bankruptcy in the last 8 years
• You have not filed a Chapter 13 bankruptcy in the last 6 years
• You can complete credit counseling within 180 days before filing

Mississippi Median Income Limits (2024)

You may NOT qualify if:

• Your income is significantly above the median AND you fail the means test
• You filed a previous bankruptcy that was dismissed within the last 180 days
• You are trying to defraud creditors

What Debts Cannot Be Discharged

• Most student loans
• Recent taxes (within last 3 years)
• Child support and alimony
• Debts from fraud or intentional injury
• Criminal fines and restitution

2. Required Forms

Where to Get Forms

• Online: U.S. Courts website: uscourts.gov/forms/bankruptcy-forms
• In person: Bankruptcy Court Clerk's Office
• Credit Counseling: Must be from an approved provider (justice.gov/ust/eo/bapcpa/ccde)

3. Step-by-Step Filing Instructions

Step 1: Complete Credit Counseling (Required)

1. Find an approved credit counseling agency at: justice.gov/ust/eo/bapcpa/ccde
2. Complete the course (online, phone, or in person)
3. Receive your Certificate of Credit Counseling
4. Must be completed within 180 days BEFORE filing

Cost: $0–$50 (fee waivers available)

Step 2: Gather Your Documents

Collect:

• Last 6 months of pay stubs
• Last 2 years of tax returns
• Bank statements for all accounts
• List of all debts (creditor names, addresses, amounts)
• List of all assets (house, car, bank accounts, retirement)
• Recent large purchases or transfers

Step 3: Complete the Means Test

1. Use Form B 122A-1 to compare your income to Mississippi median
2. If below median: You qualify (skip Form B 122A-2)
3. If above median: Complete Form B 122A-2 to calculate disposable income

Step 4: Complete All Bankruptcy Forms

1. Fill out the Voluntary Petition (Form B 101)
2. Complete all Schedules (A/B through J)
3. Complete Statement of Financial Affairs (Form B 107)
4. Complete Means Test forms
5. List all Mississippi exemptions you're claiming

Step 5: File Your Bankruptcy Petition

1. File at the appropriate U.S. Bankruptcy Court for your district
2. Pay the $338 filing fee (or apply for fee waiver/installment plan)
3. Submit all forms plus credit counseling certificate
4. The court will issue a case number

Step 6: Attend the Meeting of Creditors (341 Meeting)

1. Usually held 3–6 weeks after filing
2. The trustee will ask questions about your finances
3. Bring: Photo ID, Social Security card, bank statements, tax returns
4. Creditors may attend but rarely do

Step 7: Complete Debtor Education Course

1. Must be completed AFTER filing but BEFORE discharge
2. Find approved provider at: justice.gov/ust/eo/bapcpa/ccde
3. File Certificate of Completion with the court

Step 8: Receive Your Discharge

• Typically 60–90 days after the 341 meeting
• Most unsecured debts are eliminated
• You will receive an official Discharge Order

4. Court Information

U.S. Bankruptcy Court — Northern District of Mississippi (Aberdeen)

• Address: 215 East Commerce Street, Aberdeen, MS 39730
• Phone: (662) 369-6371
• Hours: Monday–Friday, 8:00 AM – 5:00 PM
• Filing Fee: $338

U.S. Bankruptcy Court — Northern District of Mississippi (Oxford)

• Address: 900 Jefferson Avenue, Oxford, MS 38655
• Phone: (662) 234-3431
• Hours: Monday–Friday, 8:00 AM – 5:00 PM

U.S. Bankruptcy Court — Southern District of Mississippi (Jackson)

• Address: 501 East Court Street, Suite 2.400, Jackson, MS 39201
• Phone: (601) 608-4200
• Hours: Monday–Friday, 8:00 AM – 5:00 PM

U.S. Bankruptcy Court — Southern District of Mississippi (Gulfport)

• Address: 1515 Main Avenue, Gulfport, MS 39501
• Phone: (228) 864-9290
• Hours: Monday–Friday, 8:00 AM – 5:00 PM

Which District to File In

• Northern District: Counties in northern half of Mississippi
• Southern District: Counties in southern half including Jackson metro

5. Mississippi Exemptions (What You Can Keep)

Under Miss. Code § 85-3-21 et seq.:

Wild Card Exemption

Mississippi does not have a general "wild card" exemption for any property.

6. Filing Checklist

Before filing, confirm you have:

• [ ] Completed credit counseling (certificate in hand)
• [ ] Last 6 months of pay stubs
• [ ] Last 2 years of tax returns
• [ ] Bank statements for all accounts
• [ ] Complete list of all debts with addresses
• [ ] Complete list of all assets
• [ ] Completed Voluntary Petition (Form B 101)
• [ ] Completed all Schedules (A/B through J)
• [ ] Completed Statement of Financial Affairs (Form B 107)
• [ ] Completed Means Test forms (B 122A-1, B 122A-2 if needed)
• [ ] Filing fee ($338) or fee waiver application
• [ ] Photo ID and Social Security card (for 341 meeting)

7. What to Bring to the 341 Meeting

• [ ] Government-issued photo ID
• [ ] Social Security card (or official document with SSN)
• [ ] Bank statements (all accounts, date of filing)
• [ ] Last 2 years of tax returns
• [ ] Pay stubs from the last 6 months
• [ ] Vehicle registration and proof of insurance
• [ ] Proof of any major expenses
• [ ] Copy of your bankruptcy petition

8. What Happens After Filing

Timeline

The Automatic Stay

Once you file, the automatic stay begins. This stops:

• Foreclosure proceedings
• Car repossession
• Wage garnishment
• Debt collection calls
• Utility shutoffs
• Lawsuits

What Happens to Secured Debts

You must choose one of these options for each secured debt (car loan, mortgage):

1. Reaffirm — Keep the property and continue payments
2. Redeem — Pay the current value in one lump sum
3. Surrender — Give up the property and eliminate the debt

9. Local Legal Aid Resources

LSC-Funded Legal Aid in Mississippi

Additional Resources

10. Controlling Law Citations

Federal Bankruptcy Law

• 11 U.S.C. § 701 et seq. — Chapter 7 bankruptcy
• 11 U.S.C. § 727 — Discharge
• 11 U.S.C. § 522 — Exemptions (Mississippi has opted out)

Mississippi Exemptions

• Miss. Code § 85-3-21 — Homestead exemption
• Miss. Code § 85-3-23 — Personal property exemptions
• Miss. Code § 85-3-25 — Tools of trade exemption

Disclaimer

This packet is for informational purposes only and does not constitute legal advice. Bankruptcy law is complex and individual circumstances vary. No attorney-client relationship is formed by using this information.

For legal advice specific to your situation, contact:

• A licensed Mississippi bankruptcy attorney
• Mississippi Center for Legal Services at (601) 948-4311
• North Mississippi Rural Legal Services at (662) 234-8731

Last updated: March 2026 | Jurist-Diction | "The law, precisely spoken."

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