Are Bankruptcy Records Public Information in Mississippi?
Yes, under the provisions of the Federal Bankruptcy Laws, bankruptcy court records are public records and are therefore made available for public access. However, the courts may protect entities when their records have the following information:
- Trade secrets
- Confidential financial information
- Classified research and development
- Defamatory or scandalous matters
- Any means of identification that exposes an entity to a risk of identity theft, or injury to a person and property
- Information concerning a minor or juvenile
Furthermore, certain parties are granted full access to bankruptcy records, including any information under the court's protection. They are, however, not allowed to disclose such restricted information. The privileged agencies include:
- The United States trustee
- Bankruptcy administrators
- Private trustees
- Auditors serving under the Department of Justice, United States Trustees
Record seekers looking for an alternative to government sources may obtain bankruptcy records from third-party websites. These non-governmental websites often come with tools that help simplify the search for single or multiple records. However, record availability on third-party sites tends to vary because they’re independent of government sources. To obtain bankruptcy case information using third-party sites, record seekers may need to provide:
- A complete name of the debtor involved in the record
- A bankruptcy case number
What is Bankruptcy in Mississippi?
Bankruptcy in Mississippi is a legal proceeding where persons or businesses can discharge debts. Persons or entities may obtain relief from debts either by liquidating certain properties or by repaying from future earnings. Irrespective of the debt relief method, persons or entities must file for bankruptcy in line with the U.S Bankruptcy Code.
What is the Mississippi Bankruptcy Code?
The Bankruptcy Code is a set of federal laws that govern the steps and guidelines for filing for bankruptcy in Mississippi. In addition, bankruptcy cases and petitions are under the purview of federal districts in Mississippi. As of 2021, there are bankruptcy courts in the state.
Under the Bankruptcy Code, persons or entities filing for bankruptcy are referred to as debtors. Also, the Bankruptcy Code enables debtors to file for bankruptcy under different Chapters. For instance, debtors filing a chapter 7 bankruptcy must sell off certain assets to pay off creditors. In comparison, a chapter 7 or 13 bankruptcy allows debtors to restructure debts and repay in the best possible way.
State Vs Federal Laws
In the United States, all bankruptcy claims are federal cases and fall under the jurisdiction of the United States District Courts, not the Mississippi State Judiciary. The Bankruptcy Code (Title 11 of the United States Code) provides a clean slate to indebted individuals and entities by either liquidating their assets or arranging a repayment plan to pay off their debts. Individuals, spouses, and businesses troubled by accumulated debts may file for bankruptcy in a bankruptcy court. The files and documents used in the bankruptcy proceedings are known as bankruptcy records.
The Bankruptcy Process
Generally, bankruptcy proceedings are governed by the Federal Rules of Bankruptcy Procedures. However, in 1988, the United States District Court authorized the bankruptcy judges of Northern and Southern Districts of Mississippi to formulate local rules guiding the practices and procedures of bankruptcy, albeit consistent with the Federal Rules. Currently, both bankruptcy courts adopt Uniform Local Bankruptcy Rules, amended and effective from December 1, 2020.
Each judicial district in the United States has a bankruptcy court. In Mississippi, which is divided into Northern and Southern Districts, there is a U.S. Bankruptcy Court for the Northern District of Mississippi serving Aberdeen, Oxford, and Greenville, and a U.S. Bankruptcy Court for the Southern District of Mississippi covering Jackson, Gulfport, Hattiesburg, and Natchez. The courts are typically open between 8:00 a.m. and 5:00 p.m., Monday through Friday.
Accessing Bankruptcy Records
Bankruptcy court clerks are the primary custodians of bankruptcy records. These records provide important information about a bankruptcy case, such as the name of the subject, type (or chapter) of bankruptcy filed, assets owned, debts owed and to whom they are owed, and status of the bankruptcy case. Bankruptcy records are made public by default, and as such, may be accessed from the courts and third parties. Records search websites also provide bankruptcy search services for the general public; however, personally identifiable information is typically not disclosed. The bankruptcy courts may hold back specific bankruptcy records from the public, such as those sealed by court order or which contain protected and classified information.
What Do Mississippi Bankruptcy Records Contain?
Bankruptcy records generally contain personal and financial information of persons or businesses that filed for bankruptcy. When a request to access a bankruptcy record is granted, the following are information that a requester can find in a typical bankruptcy record:
- Name of petitioner
- Date of filing
- Case number
- Trustee
- Nature of suit
- Presiding judge
- Location of the filing court
- Petitioner's source of income
- Petitioner's gross income
- Petitioner's assets including cash, stocks, real properties, etc.
- A list of the petitioner's creditors, corresponding addresses, and debts owed to each
- For businesses, a list of employees to whom paychecks are owed
How to Get Mississippi Bankruptcy Records
In Mississippi, it is possible to obtain records from the office of the clerk of the bankruptcy court with jurisdiction over a case and through the Public Access to Court Electronic Records (PACER) or the Multi-Court Voice Case Information System (McVCIS)
The PACER Case Locator tool allows individuals to search and view case records of the Mississippi bankruptcy courts. Newly filed cases take up to 24 hours to appear on the PACER Case Locator. An interested party must register with a username and password to use the locator. Access to case information or records costs $0.10 per page.
The Multi-Court Voice Case Information System (McVCIS) offers easy access to basic bankruptcy information. Individuals can access the electronic system by calling (866) 222-8029 and following the automated instructions. If the case is filed in the Northern Bankruptcy Court, a future caller can find instructions on using McVCIS to access the court's records.
To search for a record in-person at the courthouse, interested parties may fill and submit a B1320 form (Application for Search of Public Records) to the court clerk's office. The information that requesters must provide for a bankruptcy record search includes:
- Name of the search's subject (individual or business)
- Subject's social security number or individual taxpayer identification number
- Type of case (such as a bankruptcy case)
For mail requests, individuals should enclose, along with the bankruptcy record request form, a check or money order of $32.00. Cash should not be sent via mail. Persons who search for records through the public access terminals located in the courthouses are generally not subject to any court costs.
Persons who need copies of records may visit or mail the clerk's office. If sending a written request by mail, the requester must include a $0.50 per page fee, preferably with a cashier's check or money order, and identifying details about the record (a case number, debtor's name, docket number, etc.). Individuals who use the courts' public access terminals to copy documents are liable for a $0.10 per page fee only. Regardless of the method used to retrieve bankruptcy records from the courts, it costs $11 to certify a document. Other associated costs can be found on the Northern Bankruptcy Court's bankruptcy fees page (note that these are the same copy service costs for the Southern Bankruptcy Court)
The Mississippi bankruptcy courts' physical and mailing addresses to access records are as follows:
U.S. Bankruptcy Court Northern District of Mississippi
Aberdeen Division (Street and mailing address):
Thad Cochran U.S. Courthouse
703 Highway 145 North
Aberdeen, MS 39730
Phone: (662) 369-2596
U.S. Bankruptcy Court Southern District of Mississippi
Jackson Division (Street address)
Thad Cochran United States Courthouse
501 East Court Street
Jackson, MS 39201
Phone: (601) 608-4600
Mailing address:
Clerk, U.S. Bankruptcy Court
Southern District of Mississippi
P.O. Box 2448
Jackson, MS 39225-2448
Gulfport Division (Street address)
Dan M. Russell, Jr. United States Courthouse
2012 15th Street
Gulfport, MS 39501
Phone: (228) 563-1790
Mailing address:
Clerk, U.S. Bankruptcy Court
Southern District of Mississippi
2012 15th Street, Suite 244
Gulfport, MS 39501
While bankruptcy records are public records, the courts do not furnish credit reporting agencies with these records. Regarding inaccurate information on credit reports, the courts advise that the reporting agency be contacted directly.
Where to Conduct a Free Bankruptcy Case Search in Mississippi
Any of the methods listed below can be used by Record seekers to perform a free bankruptcy case search in Mississippi:
- The Voice Case Information System (VCIS): this is an interactive telephone system that provides free telephone access to bankruptcy case information. The VCIS provides basic bankruptcy and adversary case information. To conduct a bankruptcy case search through the VICS, record seekers are normally asked to provide either the bankruptcy case number, participant's name, or participant's Social Security Number. Anyone interested in using the VCIS should call (866) 222-8029. When looking up bankruptcy case information in Mississippi, users should pick "Mississippi Southern" as their court. In general, callers are permitted to look up five cases per session.
- Public Access to Court Electronic Records (PACER): This is an online service that provides access to electronic federal court records, including bankruptcy cases. However, only users with a registered account can use the PACER. Interested persons can register a case search-only account by filing the PACER’s Case Search Only registration form. Users should note that PACER is not an entirely free service, its cost $0.10 per page to view bankruptcy case records. However, users' fees are waived if they incur charges of $30 or less in each quarter of a given year.
How Do I Find Out if My Bankruptcy Case is Closed in Mississippi?
The clerk's response to bankruptcy record searches with the Application for Search of Public Records form will typically contain an indication of the status of a case. Interested persons may also contact the clerk's office, where the bankruptcy petition was filed, directly to get this information. Alternatively, searches conducted with the PACER or McVCIS services will disclose if a case has been closed or not.
Can a Bankruptcy Be Expunged in Mississippi?
No, expunctions of bankruptcy records do not occur in Mississippi. While a petitioner, with concrete reasons, such as a change in financial circumstance, may be able to seek the dismissal of a bankruptcy case before a judge rules on it, records of successful bankruptcy filings are impossible to erase. Also, unlike criminal conviction records, bankruptcy records may not be entirely removed from court records. However, depending on what chapter of bankruptcy was filed, records of bankruptcy filing between seven to ten years old are automatically deleted from a person's credit report. In this case, individuals do not have to file a petition in court.
Alternatively, rule 9037-1 of the Uniform Local Bankruptcy Rules in Mississippi makes provision for bankruptcy records sealing. A defendant may file a motion to restrict access to bankruptcy records if it violates the Federal Rules of Bankruptcy Procedure’s privacy requirements. The law authorizes the bankruptcy court clerk to restrict access to such records until a ruling is made on the motion. If the court grants this motion, then the records remain sealed. However, if the court declines the motion, then the restriction placed on such a record must be lifted.
How Do You Qualify for Bankruptcy in Mississippi?
Under the Federal Bankruptcy Rules and Regulations, all residents of Mississippi can qualify for different chapters under the Bankruptcy Code. However, to file for bankruptcy, debtors must meet the basic requirement of their preferred bankruptcy chapter. For example, only persons earning less than the state's median income level can file for a Chapter 7 bankruptcy in Mississippi. In contrast, the 11 U.S.C. § 109(e) qualifies debtors with debt levels not exceeding $394,725 in unsecured debt and $1,184,200 in secured debts. In a Chapter 12 bankruptcy, the court allows only farmers and fishers to apply. Lastly, a chapter 9 bankruptcy is designed for cities and municipalities in debt.
What Type of Bankruptcy Should You File in Mississippi?
Individual and non-individual debtors may select a bankruptcy chapter based on their preferred outcome. Persons may file a chapter 7 bankruptcy if they want a fast discharge from a majority of debts. Also, corporations may file a chapter 11 bankruptcy to restructure debts and prevent the liquidation of assets. On the other hand, persons may opt for a Chapter 13 bankruptcy if they want to keep certain non-exempt properties from liquidation.
Where and How to File for Bankruptcy in Mississippi
Debtors in Mississippi may file a bankruptcy petition with the clerk of the bankruptcy court in their region. The bankruptcy courts' contact details are listed below:
Mississippi Northern Bankruptcy Court
Bankruptcy Clerk
P.O. Drawer 867
Aberdeen, MS 39730-0867
Phone: (601) 369-2596
Mississippi Southern Bankruptcy Court
Bankruptcy Clerk
P.O. Drawer 2448
Jackson, MS 39225
Phone: (601) 965-5301
U.S. Bankruptcy Court
725 Washington Loop
Room. 117
Biloxi, MS 39530
Phone: (228) 432-5542
According to §§301–303 of the Bankruptcy Code, all bankruptcy cases commence when a voluntary or involuntary petition is filed with the bankruptcy clerk. Note that debtors must file for bankruptcy in the region where their business or residence is domiciled. Through a voluntary petition, debtors may discharge debts under Chapter 7, 11, 12, or 13 bankruptcy.
Bankruptcy courts in Mississippi require debtors to complete a credit counseling course at an accredited center within six months before filing under a bankruptcy chapter - this enables debtors to determine the type of bankruptcy chapter to select. In addition, persons filing a chapter 7 or 13 bankruptcy petition must pass the means test. Per the means test, debtors with a low disposable income must file a chapter 7 bankruptcy whereas those with high disposable income and strong earning potential must file under a Chapter 13 bankruptcy.
Debtors may opt to hire an attorney for the bankruptcy process. On the other hand, Pro Se litigants are debtors filing without the help of an attorney. Debtors filing a voluntary petition must file the necessary documents listed below with the bankruptcy clerk:
- A completed credit counseling course certificate:
- Voluntary petition Form 101B
- Schedule A/B for individual debtors (Form 106A/B)
- Statement of Financial Affairs for Individuals (Form 107):
- Expenses for Separate Household of Debtor 2 (Form 106J-2)
- Summary of Debtor’s Assets and Liabilities (Form 106S)
- Creditors Who Have Unsecured Claims (Form 106E/F)
- Unexpired Leases/Executory Contracts (Form 106G)
- Your Co-debtors (Form 106H)
- Declaration About an Individual Debtor’s Schedules (Form 106Dec)
- Exempted properties (Form 106C)
- Creditors Who Have Claims Secured by Property (Form 106D)
- Debtor’s income Statement (Form 106I)
- Debtor’s Expenses (Form 106J)
The Mississippi bankruptcy court has an online platform where debtors can obtain documents specific to their preferred bankruptcy chapter. In addition to this, the bankruptcy court charges different filing fees depending on the type of bankruptcy chapter. In some cases, debtors may apply to pay the filing fee in installments or waive the fees.
In contrast, the bankruptcy court allows creditors to file an involuntary bankruptcy petition. Per bankruptcy laws, creditors can only file an involuntary petition under a Chapter 7 or 11 bankruptcy.
What are the Downsides of Filing for Bankruptcy in Mississippi?
Debtors filing bankruptcy may experience the following downsides during and after a bankruptcy petition:
- A bankruptcy petition affects a debtor's credit score - it leaves a negative remark that stays on the credit report for seven to ten years. Therefore, debtors are unable to procure loans with favorable interest rates. In addition, debtors may experience discrimination when renting or leasing a new property:
- Under a Chapter 7 bankruptcy petition, co-signers to a debtor's loan are liable to repay part of the loan:
- Debtors filing for a chapter 7 bankruptcy must prepare for the possibility of losing certain properties and assets to liquidation. In some cases, debtors with much equity in their homes might lose their homes:
- Bankruptcy does not discharge all debts - debtors cannot discharge unsecured debts like student loans and alimony. Furthermore, debtors must continue to make payments on secured debts, such as car loans and mortgages:
- Filing for bankruptcy is mentally-tasking and it might lead to anxiety and depression in most debtors:
- Filing a chapter 13 bankruptcy leaves debtors with minimal disposable income during the repayment period.
Despite the above-listed downsides of bankruptcy, debtors filing bankruptcy in Mississippi may enjoy the following benefits:
- Bankruptcy provides fast relief from unsecured debts like medical bills and credit card debts, especially in a Chapter 7 bankruptcy. Also, it takes a few months for the bankruptcy court to discharge debts in a Chapter 7 bankruptcy:
- Debtors can file a chapter 13 bankruptcy petition repeatedly, except the court prohibits it:
- By filing for Chapter 11 or 13 bankruptcy, debtors can avoid liquidation of their assets or properties. Furthermore, non-individual debtors can continue normal business operations:
- Debtors can protect their homes, car, and other assets like insurance benefits via the state bankruptcy exemption rule:
- During a bankruptcy case, the court prevents creditors from harassing debtors via calls or any other form of communication. In addition, it prevents them from repossessing a debtor's assets during bankruptcy:
What is Chapter 11 Bankruptcy in Mississippi?
Under the Bankruptcy Code, a Chapter 11 bankruptcy is a legal proceeding that enables individual and non-individual debtors to restructure debts and create the best option for repayment. Debtors in a Chapter 11 bankruptcy may opt to liquidate some assets or restructure debts and pay off debts from future earnings. The Bankruptcy Court appoints the debtor as a trustee to oversee the repayment process. Moreover, the court may appoint a bankruptcy trustee in cases where the debtor is involved in fraudulent or dishonest practices.
Also known as business reorganization, a chapter 11 bankruptcy is an expensive and complex legal procedure. Furthermore, it has a low success rate as compared to other types of bankruptcy. Hence, debtors filing a Chapter 11 bankruptcy may hire an attorney to help improve their chances of success.
Who Can File for Chapter 11 Bankruptcy in Mississippi?
Individual and non-individual debtors with debt levels higher than the chapter 13 bankruptcy's debt requirement can file for chapter 11 bankruptcy in Mississippi. In addition to this, debtors may file a chapter 11 bankruptcy to protect assets from liquidation. Since it is time-consuming and expensive, this type of bankruptcy is mostly filed by big corporations. However, the Small Business Reorganization Act of 2019, enables small and medium-sized businesses with debts less than $2.7 million to file for Chapter 11 Bankruptcy in Mississippi.
Conversely, two or more creditors can also file a chapter 11 bankruptcy on behalf of debtors.
How to File a Chapter 11 Bankruptcy in Mississippi?
Eligible creditors and debtors can file for chapter 11 bankruptcy at the bankruptcy court in charge of their business or residence location. A chapter 11 bankruptcy case starts with the filing of a voluntary or involuntary petition with the clerk of the bankruptcy course. Before filing a bankruptcy petition, debtors must have completed a credit counseling course at any of the accredited facilities in Mississippi. Debtors must file the following documents with the bankruptcy court:
- Schedule A - J Forms of liabilities and assets (for individual debtors):
- Schedule A/B, D, E/F, G, and H Forms of assets and liabilities (for business or company debtors):
- A statement of financial affairs (for business or company debtors):
- statement of financial affairs ( for individual debtors):
- A schedule of unexpired leases and executory contracts (for individual debtors):
- A schedule of unexpired leases and executory contracts (for business and company debtors).
- Voluntary Petition for Non-individual Debtors.
- Payment Advice Cover Sheet (it must contain all types of payments received from an employer at least two months before filing for bankruptcy.
- Chapter 11 Statement of Income.
In addition, debtors must pay $1,167 and a $571 administrative fee to file a chapter 11 petition (non-railroad). In contrast, a chapter 11 bankruptcy petition (railroad) cost $1,000 and $571 administrative fee. After filing a Chapter 11 bankruptcy petition, debtors must attend a debt management class at an approved agency in Mississippi.
What are the Benefits of Filing a Chapter 11 Bankruptcy in Mississippi?
Persons and entities filing a chapter 11 bankruptcy in Mississippi can enjoy the following benefits:
- A chapter 11 bankruptcy enables debtors to remain in operation via the liquidation of certain properties or to pay from later earnings.
- After filing a Chapter 11 bankruptcy, debtors can get lower rates on formerly-high interest loans:
How Long Does a Chapter 11 Bankruptcy Last on Record?
In Mississippi, a chapter 11 bankruptcy record is a public record, and can stay on a credit report for ten years after the filing date.
What is Chapter 7 Bankruptcy in Mississippi?
A chapter 7 bankruptcy in Mississippi refers to a series of legal steps via which individuals and businesses can liquidate assets to settle debts. Not all assets are liquidated in a Chapter 7 bankruptcy - Mississippi bankruptcy exemptions cover certain properties from liquidation. Under this bankruptcy, the bankruptcy court will appoint a trustee to handle the sales of a debtor's assets and to distribute the sale proceeds to creditors. Debtors may receive any remaining value from the sale proceeds.
Filing a chapter 7 bankruptcy enables debtors to get quick relief from most unsecured debts since it takes the court three to four months to finalize the case. However, debtors can not discharge student loans, alimony, and child support payments.
Who Can File for Chapter 7 Bankruptcy in Mississippi?
Per the 2005 Bankruptcy Code amendment, all persons or entities filing for Chapter 7 bankruptcy must take the means test. The means test calculates a debtor's average income over the past six months prior to filing for bankruptcy. It also considers the monthly expenses and any tax returns. Furthermore, it compares the debtor's average income to the state's median income level for the debtor's household size. Persons with income lesser than the state's median income level can file for chapter 7 bankruptcy in Mississippi.
How to File a Chapter 7 Bankruptcy in Mississippi
In Mississippi, individuals or entities filing a chapter 7 bankruptcy must follow the steps outlined below:
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Debtors must complete a credit counseling course at an accredited agency either in-person or via phone call. Also, debtors must pass the means test to qualify for a Chapter 7 bankruptcy.
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The court requires debtors to submit the necessary chapter 7 bankruptcy documents with the clerk of the bankruptcy court. Debtors must also submit the following chapter 7 documents:
- Statement of Current Monthly Income
- Statement of Exemption from Presumption of Abuse under Section 707(b)(2)
- Chapter 7 Means Test Calculation
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It costs a total of $338 to file for Chapter 7 bankruptcy in Mississippi. The filing fees cover a $15 trustee surcharge fee, $78 administrative fee, and $245 filing fee.
What are the Benefits of Filing a Chapter 7 Bankruptcy in Mississippi?
A chapter 7 bankruptcy petition allows the discharge of a variety of unsecured debts and enables debtors to protect their homes from foreclosure. In addition, debtors can also apply the state's bankruptcy exemption to cover personal properties, pension, insurance benefits, unemployment benefits.
In Mississippi, a chapter 7 bankruptcy is inexpensive and has a high success rate. Hence, debtors can easily file for chapter 7 without the aid of an attorney thereby reducing their overall cost. In addition, there are no debt requirements before debtors can qualify for a Chapter 7 bankruptcy.
How Long Does a Chapter 7 Bankruptcy Last on Record?
In Mississippi, chapter 7 bankruptcy records are open to the public members and can remain on credit reports for a decade after the filing date.
What is Chapter 13 Bankruptcy in Mississippi
A chapter 13 bankruptcy petition in Mississippi refers to a bankruptcy procedure where debtors agree to repay a major part of debts from future earnings. Before creating a repayment plan, the court requires debtors to submit a list of their monthly income, liabilities, and expected future earnings. It is a preferred option for debtors who have properties and assets to protect from liquidation. Furthermore, filing a chapter 13 bankruptcy prevents home foreclosures, stops interests from accumulating on tax debts and allows debtors to meet up on missed mortgage payments.
Who Can File for Chapter 13 Bankruptcy in Mississippi?
In Mississippi, only persons with a high disposable income and the income strength to make monthly repayments are eligible to file under Chapter 13 bankruptcy. To prove their financial capability, debtors must present all their income streams to the bankruptcy court. In addition, debtors seeking to file a chapter 13 must take a means test. Likewise, debtors filing a Chapter 13 bankruptcy must not owe more than $419,275 in unsecured debts and $1,257,850 in secured debts.
How to File a Chapter 13 Bankruptcy in Mississippi
Individual and non-individual debtors may) must file for chapter 13 bankruptcy at the bankruptcy clerk's office. Debtors must submit a voluntary petition alongside general bankruptcy documents to the Clerk's Office. In addition, the following specific documents are necessary for filing a Chapter 13 bankruptcy:
- Chapter 13 Estimation of Disposable Income:
- Chapter 13 Plan, including a percentage to unsecured creditors and plan arrangements:
- Statement of Your Current Monthly Income and Expected Repayment Period.
Prior to filing a bankruptcy petition, debtors must complete a credit counseling course and a means test to determine a debtor's eligibility. More so, debtors must provide a copy of their federal income tax return for the last two years before filing a bankruptcy petition.
What are the Benefits of Filing a Chapter 13 Bankruptcy in Mississippi?
Under a Chapter 13 bankruptcy, debtors may retain all assets, including those not protected by the bankruptcy exemption law. Furthermore, the court issues bankruptcy protection during a bankruptcy case - this prevents debtors from harassing creditors during bankruptcy. A chapter 13 bankruptcy also prevents co-signers from bearing liabilities for the debtor's debts.
How Long Does a Chapter 13 Bankruptcy Last on Record?
A chapter 13 bankruptcy is publicly accessible to the public members via different online and offline repositories. More so, a chapter 13 bankruptcy lasts on credit reports for seven years after the filing date.
What are the Differences Between a Chapter 7 and 13 Bankruptcy in Mississippi?
The difference between a chapter 7 and 13 bankruptcy lies in the following points:
- Debtors in a Chapter 7 bankruptcy may lose certain properties - the court sells off these properties to settle unsecured debts. On the other hand, a chapter 13 bankruptcy protects a debtor's assets from liquidation - the court allows debtors to repay debts from future earnings:
- A chapter 7 bankruptcy is a perfect option for persons with low disposable income and earnings below the state's median income level. In contrast, only persons with strong financial strength and high disposable income can file for chapter 13 bankruptcy in Mississippi:
- Debtors filing a chapter 13 bankruptcy must meet the debt requirement whereas there are no debt requirements when filing for a Chapter 7 bankruptcy:
- In a Chapter 7 bankruptcy case, co-signers to a debtor's loan are liable to repay part of the loan. On the other hand, chapter 13 bankruptcy protects co-signers from any liability.
What is Bankruptcy Protection?
Through bankruptcy protection, bankruptcy courts in Mississippi protect debtors from being harassed by creditors. The court order also nullifies any judgment, appeals, or liens on a debtor's assets. Hence, during a bankruptcy case, creditors are unable to repossess or take a debtor's property as repayment. Utility companies are also unable to discontinue their services to debtors during a bankruptcy case.
What are Mississippi Bankruptcy Exemptions?
Mississippi bankruptcy exemptions enable debtors to protect certain properties from being sold off during liquidation. Under the state bankruptcy exemptions, debtors can protect the following properties and assets:
- Insurance benefits including disability benefits, life benefits, unemployment benefits are exempt during a bankruptcy case:
- Properties in a business partnership, spousal support payments, and child support are also exempt during a bankruptcy case:
- Mississippi bankruptcy exemptions also cover personal properties like furniture, jewelry, and portraits.
What are the Other Types of Bankruptcy in Mississippi
Chapter 9 and 12 bankruptcy are some of the other types of bankruptcy in Mississippi. The former is designed for municipalities and cities in debt and does not lead to the liquidation of assets. On the other hand, only farmers and fishers can apply under a Chapter 12 bankruptcy in Mississippi. Persons and entities filing a chapter 12 bankruptcy must not have debts exceeding $1,500,000.
How Much Does It Cost to File Bankruptcy in Mississippi?
The fee schedule of the United States bankruptcy courts for the southern district of Mississippi lists the filing costs for each chapter of bankruptcy in Mississippi. The schedule lists chapter 9 and chapter 10 bankruptcy filing costs as $338 and $1,738, respectively. In contrast, the filing fee for a chapter 11 bankruptcy ranges from $1,571 to $1,738, depending on the type. The filing fee for a chapter 12 and chapter 13 bankruptcy is $278.00 and $313.00, respectively. Lastly, a chapter 15 bankruptcy costs $1,738.00.