Bankruptcy in Mississippi

In Mississippi you use state exemptions only (exemptions are the property the law lets you keep). Your home (homestead): $75,000 in equity in the land and buildings you own and live in, on up to 160 acres.

You file in one of 2 federal bankruptcy courts:

What can I keep?Do I pass the means test?Where do I file?Free help

Checked against official sources: October 25, 2026. · Free letter and checklist ↓

What you can keep in Mississippi

Exemptions are the property the law lets you keep. You use the Mississippi list. The federal list is not available in Mississippi.

Law: Miss. Code Ann. 85-3-2

What	Mississippi exemption
Home (homestead)	$75,000 in equity in the land and buildings you own and live in, on up to 160 acres. Mortgages, taxes and other liens are subtracted first. You must be a householder and live in the home. A married couple filing together gets one $75,000 exemption, not two. A spouse or widow(er) over 60 who has claimed the exemption keeps it even if no longer living there. If you live in a mobile home, trailer or manufactured home and do not claim the homestead, you can protect up to $30,000 in it instead. Law: In re Pace, 521 B.R. 124, Bankr. N.D. Miss. 2014; Miss. Code Ann. 85-3-1(d); Miss. Code Ann. 85-3-21
Car or other vehicle	No separate car exemption. Motor vehicles are one of the kinds of property you can protect within the $10,000 personal property total. Law: Miss. Code Ann. 85-3-1(a)(ii)
Household goods and clothing	Up to $10,000 total, in property you choose from these kinds: household goods, clothing, books, animals or crops; motor vehicles; tools of the trade; cash on hand; prescribed health aids; and any item worth less than $200. 'Household goods' means clothing, furniture, appliances, one radio, one TV, one firearm, one lawn mower, linens, dishes, kitchenware and personal effects (including wedding rings). Art, other electronics, jewelry other than wedding rings, and antiques do not count as household goods. Law: Miss. Code Ann. 85-3-1(a)
Wildcard (any property)	Only if you are 70 or older: an extra $50,000 in any kind of property, including money in the bank. Law: Miss. Code Ann. 85-3-1(h)
Tools of your trade	Included in the $10,000 personal property total. Law: Miss. Code Ann. 85-3-1(a)(iii)
Retirement accounts	Money in, and payments from, 401(a), 403(a) and 403(b) plans, 457(b) plans, IRAs (including SEPs) and Roth IRAs are protected, whether vested or not. Law: Miss. Code Ann. 85-3-1(e)
Public benefits	Income from disability insurance is protected. Insurance paid on exempt property, and money from selling exempt property, is also protected. Law: Miss. Code Ann. 85-3-1(b)
Other exemptions	Earned income tax credit: up to $5,000; federal tax refund: up to $5,000; state tax refund: up to $5,000. College savings in a Section 529 plan, including MPACT and MACS. Health savings accounts and catastrophe savings accounts. Law: Miss. Code Ann. 85-3-1(i), (j), (k); Miss. Code Ann. 85-3-1(f); Miss. Code Ann. 85-3-1(g); Miss. Code Ann. 85-3-1(l)

Amounts: Miss. Code Ann. 85-3-1 as amended by 2020 House Bill 1071 (effective July 1, 2020); 85-3-21 text as reproduced in 2015 HB 164 and 2018 HB 797 (both died). The Legislature's code-section index shows no enacted change to 85-3-1, 85-3-2 or 85-3-21 in 2021-2026. Mississippi amounts are not indexed.

The means test in Mississippi: first step

Official Form 122A-1 compares your household's yearly income with the median income in Mississippi. Here are the official medians:

1 person$53,978
2 people$70,328
3 people$82,846
4 people$97,464
Each extra person+$11,100

Applies to cases filed on or after April 1, 2026. 1 = one earner; 2, 3, 4 = people in the household; add = amount added for each person over 4

Where to file in Mississippi

You file in the federal bankruptcy district where you lived (your domicile) for most of the 180 days before you file. Mississippi has two districts, Northern and Southern. Northern District divisions map: https://www.msnb.uscourts.gov/bankruptcy-divisions-map; Southern District courthouse locations: https://www.mssb.uscourts.gov/courthouse-locations

Law: 28 U.S.C. 1408

U.S. Bankruptcy Court for the Northern District of Mississippi

Divisions: Aberdeen (clerk's office); Oxford and Greenville (hearings only)

Clerk's phone: 662-369-2596

U.S. Bankruptcy Court for the Southern District of Mississippi

Divisions: Jackson, Gulfport (Hattiesburg and Natchez: hearings only)

Clerk's phone: Jackson 601-608-4600; Gulfport 228-563-1790

Court's self-help page

Free help in Mississippi

Free letter and checklist

Letter: tell a creditor you filed bankruptcy

Notice to a creditor or debt collector with your case number, court, filing date and chapter.

Checklist: what to gather before you file

Income, tax returns, debts, property and budget papers the federal forms ask about, with Mississippi's courts.

Bankruptcy in Mississippi by topic

Exemptions in Mississippi

Home, car, household goods, wildcard and more, with the law for each.

The means test in Mississippi

The official median income and the first-step check.

Where to file in Mississippi

The bankruptcy courts, divisions, fees and the 341 meeting.

Good to know in Mississippi

Mississippi does not let you use the federal exemption list. You must use Mississippi's exemptions (Miss. Code Ann. 85-3-2; In re Case 23-12890, Bankr. N.D. Miss., Jan. 23, 2025).
A married couple filing together cannot double the $75,000 homestead exemption. A home owned as tenants by the entirety may also be protected from creditors of only one spouse (same case; 11 U.S.C. 522(b)(3)(B)).
Law: In re Pace, 521 B.R. 124, Bankr. N.D. Miss. 2014
If you are 70 or older, Mississippi gives you an extra $50,000 exemption in any property. The wage garnishment limit (85-3-4) is a cap on garnishment, not a bankruptcy exemption, according to the Northern District bankruptcy court (Case 23-12890, January 23, 2025).
Law: Miss. Code Ann. 85-3-1(h)

Questions about bankruptcy in Mississippi

Can I use the federal bankruptcy exemptions in Mississippi?

No. Mississippi requires you to use the state exemptions.

What is the homestead exemption in Mississippi?

$75,000 in equity in the land and buildings you own and live in, on up to 160 acres. Mortgages, taxes and other liens are subtracted first.

How much of a car can I keep in bankruptcy in Mississippi?

No separate car exemption. Motor vehicles are one of the kinds of property you can protect within the $10,000 personal property total.

Does Mississippi have a wildcard exemption?

Only if you are 70 or older: an extra $50,000 in any kind of property, including money in the bank.

What household goods can I keep in Mississippi?

Up to $10,000 total, in property you choose from these kinds: household goods, clothing, books, animals or crops; motor vehicles; tools of the trade; cash on hand; prescribed health aids; and any item worth less than $200. 'Household goods' means clothing, furniture, appliances, one radio, one TV, one firearm, one lawn mower, linens, dishes, kitchenware and personal effects (including wedding rings). Art, other electronics, jewelry other than wedding rings, and antiques do not count as household goods.

Are retirement accounts protected in bankruptcy in Mississippi?

Money in, and payments from, 401(a), 403(a) and 403(b) plans, 457(b) plans, IRAs (including SEPs) and Roth IRAs are protected, whether vested or not.

Where do I file bankruptcy in Mississippi?

What is the median income for the means test in Mississippi?

For cases filed on or after April 1, 2026: 1 person: $53,978; 2 people: $70,328; 3 people: $82,846; 4 people: $97,464; Each extra person: +$11,100.

Where can I get free help with bankruptcy in Mississippi?

The Mississippi Bar: Pro Bono Legal Services (directory of free and low-cost legal help by area), North Mississippi Rural Legal Services (northern 39 counties) and Mississippi Center for Legal Services.