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Filing Bankruptcy in Mississippi

Get your lawyer’s advice before filing bankruptcy under Mississippi bankruptcy laws

Mississippi Bankruptcy Attorney

While filing bankruptcy in Mississippi, all or some of the assets owned by the debtor can be liquidated to pay back some portion of the debt owed to the creditors. The assets can include your possessions, vehicle, home, any source of income etc. However, Mississippi bankruptcy filings also offer debt relief to the debtor in the form of bankruptcy exemptions. It’s advisable to hire the services of a good Mississippi bankruptcy attorney to find out more about bankruptcy related procedures and benefits before going ahead with it. Mississippi bankruptcy law provides two main types of bankruptcies generally filed by debtors - Mississippi Chapter 7 bankruptcy, and Mississippi Chapter 13 bankruptcy. The debtor has to become eligible for the bankruptcy by undertaking a “means” test - a test which decides the extent and nature of debt owed by the debtor, and whether the debtor is eligible for bankruptcy procedures and exemptions. A lawyer can help you prepare for this test, and so it’s suggested you find out which Mississippi bankruptcy lawyers are offering their services in your area, and contact one.

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State exemptions in Mississippi

Federal bankruptcy exemptions not available in Mississippi.

Homestead

Up to $5000 in addition to $500 for every dependent. Rents and profits as well as sales proceed exempted up to $5000 (husband and wife can double). Any unused portion of any homestead may be applicable for any personal property. Can also include a mobile home. One has to file for homestead declaration in the court before bankruptcy filing.

Wages

A minimum of 75% of the total weekly disposable earnings, or alternately 40 times of the federal minimum hourly wages (whichever is more). The bankruptcy judge can authorize for greater exemption amount for low-income debtors.

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Wild card

Any unused portion of the homestead, or any personal property. Up to $2000 for any property owned by disabled veterans (you have to be a householder).

Automobiles

Motor vehicles up to $2,000 (Additional $10,000 for occupation or education if needed).

Misc.

Property registered as a business partnership.

Mississippi bankruptcy lawyer

Mississippi bankruptcy attorneys can make your bankruptcy filing process very easy, and it’s recommended you avail the legal counseling offered by them before you actually file bankruptcy. Even though bankruptcy can provide debt relief through the exemptions, it’s a fact bankruptcy stays on your credit history from 7 to 10 years - making it very difficult to avail credit facilities from banks and credit lending institutes. Legal advice can help you decide whether you need to file bankruptcy, or engage with other debt management and relief programs.

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