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Mississippi Bankruptcy Laws

Mississippi opts out of federal bankruptcy exemptions — debtors must use state exemptions exclusively. The homestead exemption protects up to $75,000 in equity (up to 160 acres). There is no dedicated vehicle exemption, but a $10,000 personal property exemption covers vehicles, household goods, and other personal property. Persons age 70+ have a $50,000 wildcard exemption. Married couples filing jointly may double exemption amounts.

Last verified: 2026-02-25

Key Mississippi Statutes

Homestead ExemptionMiss. Code Ann. § 85-3-21

Protects up to $75,000 of equity in the debtor's primary residence, up to 160 acres. Must be owned and occupied as primary residence. Married couples filing jointly can each claim the full exemption.

Personal Property Exemption (including vehicles)Miss. Code Ann. § 85-3-1(a)

Up to $10,000 cumulative in personal property including motor vehicles, furniture, household goods, clothing, and other personal belongings. Mississippi does not have a separate motor vehicle exemption — vehicles are covered under the personal property umbrella.

Wildcard Exemption (Age 70+)Miss. Code Ann. § 85-3-1(h)

Residents age 70 or older may exempt up to $50,000 of any additional property not otherwise exempted. Both spouses in a joint filing may each claim the full $50,000 if both are 70+.

Federal Exemption Opt-OutMiss. Code Ann. § 85-3-2

Mississippi has opted out of the federal bankruptcy exemption scheme under 11 U.S.C. § 522(d). Debtors must use Mississippi state exemptions. Federal nonbankruptcy exemptions (Social Security, veterans benefits, etc.) remain available.

Wage Garnishment ExemptionMiss. Code Ann. § 85-3-4

75% of disposable earnings are exempt from garnishment (or 30 times the federal minimum wage per week, whichever is greater). Social Security, veterans benefits, unemployment, and public assistance are fully exempt.

Official Sources

Not Legal Advice

This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at Mississippi Legislature. For advice about your specific situation, consult a licensed attorney.

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