How to File for Bankruptcy in Mississippi
If you are unable to pay your consumer debts, and have lived in Mississippi for at least six months, you are eligible to file a bankruptcy case. Mississippi has a federal bankruptcy court in two districts. In Mississippi, Chapter 7 bankruptcy forgives most consumer debts entirely, while Chapter 13 cases restructure your debt payment plan to reduce overall debt.
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Instructions
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Visit one of the Mississippi U.S. Bankruptcy Court websites (see Resources) to determine which court serves your needs. If you live near Jackson or Gulfport, you will probably be served by the northern district. If you live near Aberdeen, you may need to visit the southern district.
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Choose if you want to file a Chapter 7 or Chapter 13 bankruptcy case. You cannot lose your retirement accounts, personal property or most farm animals. However, you have to pass a federal means test to file Chapter 7 (see Resources).
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Make a list of all of your assets and debts. Include everything, even utility bills. Compile recent tax returns, bank account statements and paycheck stubs.
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Find an approved credit counseling program (see Resources). Complete a session and obtain your certificate of completion--a requirement to file bankruptcy.
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Download, print and fill out all bankruptcy forms (see Resources). Instructions are available on the U.S. Bankruptcy Court website. You can also hire an attorney to handle your Mississippi bankruptcy case for you.
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Submit your forms and documents to your local bankruptcy court. Pay the bankruptcy fees. In 2009, these fees were $274 for Chapter 13 and $299 for Chapter 7. Your court may allow you to make the payment in several installments.
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Attend your meeting of creditors, or 341 hearing, at the courthouse where you filed your case. You will be notified of this hearing by mail. Anyone who objects to your bankruptcy may also attend.
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Tips & Warnings
Chapter 7 bankruptcy stays on your credit files for 10 years, while Chapter 13 cases remain for 7 years.
Do not attempt to hide your assets or charge items right before filing bankruptcy, as this can be considered a federal crime.
