Filing For Chapter 13 Bankruptcy In Mississippi
Last updated on February 24, 2026
I am Nicholas T. Grillo, and as a personal bankruptcy lawyer, I founded my law firm in Hattiesburg to provide legal debt relief services and advice for clients throughout southern Mississippi who are contemplating filing for bankruptcy. As a Chapter 13 bankruptcy attorney at Grillo Law Firm, I can help you understand your debt relief options and stop foreclosure actions against you.
What Is Chapter 13 Bankruptcy?
In Chapter 13 bankruptcy proceedings, a debtor will be able to keep their assets and property but will focus on dedicating disposable income to the repayment of debts over a specific period of time (usually within three to five years). Chapter 13 bankruptcy can be a good option for a debtor who has a regular income but needs support and assistance taking control of their debt. Chapter 13 bankruptcy will create a repayment plan for secured debts and prioritize unsecured debts. Upon the successful completion of your payment plan obligations, nonpriority unsecured debts, like credit card bills, medical bills or utility bills, will be discharged.
The Difference Between Chapter 13 And Chapter 7 Bankruptcy
In a Chapter 7 bankruptcy filing, your unsecured debts, like credit card and medical bills, will be discharged immediately. In Chapter 7 bankruptcy, a trustee will collect money from any sellable assets and coordinate debt repayment between your creditors. In the state of Mississippi, in order to file for Chapter 13 bankruptcy, you must have a regular and predictable source of income and also some available disposable income to allocate toward debt repayment. In Chapter 13 bankruptcy, you will have more control over your assets and your financial obligations through specific repayment plans, and nonpriority unsecured debts will still be discharged.
A Bankruptcy Lawyer Can Help
A debt management attorney can help analyze your financial situation and assess your assets and debts. An experienced bankruptcy lawyer will be able to help you determine if a Chapter 7 or a Chapter 13 bankruptcy filing is better suited for your specific financial situation and circumstances. I understand that there are a lot of questions and concerns about filing for bankruptcy, and I want to help you alleviate the stress involved in getting control over your debt.
Frequently Asked Questions About Chapter 13 Bankruptcy In Mississippi
Here are answers to common questions about Chapter 13 bankruptcy proceedings and eligibility requirements for residents throughout southern Mississippi.
What are the eligibility requirements for filing Chapter 13 bankruptcy?
To qualify for Chapter 13 bankruptcy in Mississippi, you must meet specific income and debt requirements established by federal bankruptcy law. You need a regular and predictable source of income, such as wages, self-employment earnings, rental income, or retirement benefits.
Your unsecured debts cannot exceed $419,275, and your secured debts cannot exceed $1,257,850. These debt limits are adjusted periodically for inflation. You must also complete credit counseling from an approved nonprofit agency within 180 days before filing your bankruptcy petition.
If you previously filed for bankruptcy, waiting periods apply before you can file again. You must wait four years from a previous Chapter 7 discharge or two years from a previous Chapter 13 discharge.
What are the benefits of filing for Chapter 13 bankruptcy?
Chapter 13 bankruptcy offers several significant advantages for debtors with regular income who want to keep their assets while addressing overwhelming debt. The automatic stay immediately stops foreclosure proceedings, allowing you to catch up on missed mortgage payments while keeping your home.
Unlike Chapter 7 bankruptcy, Chapter 13 allows you to keep all your property and assets, including homes, vehicles, and valuable personal items. You can also strip off wholly unsecured second mortgages in certain circumstances.
The repayment plan typically lasts three to five years, after which qualifying unsecured debts like credit cards and medical bills are discharged.
Can I keep my home or car if I file for Chapter 13 bankruptcy?
Yes, Chapter 13 bankruptcy is specifically designed to help debtors keep their homes and vehicles while addressing debt problems. If you are behind on mortgage payments, Chapter 13 allows you to catch up on arrearages over the life of your repayment plan while maintaining current payments.
For vehicles, you can keep your car by continuing payments or potentially reducing the loan balance to the vehicle’s current market value if you meet certain criteria. The automatic stay prevents repossession while you reorganize your finances.
What happens if I miss a payment in my Chapter 13 repayment plan?
Missing payments in your Chapter 13 plan can have serious consequences, but options exist to address temporary setbacks. The bankruptcy trustee may file a motion to dismiss your case if payments fall significantly behind.
If you experience temporary hardship, you may be able to request a payment deferral or plan suspension for a brief period. For permanent income changes, you can file a motion to modify your plan terms, including payment amounts and duration.
Stop Foreclosure. Consult A Chapter 13 Bankruptcy Attorney Today.
If you are overwhelmed by debt and worried about losing your house, call me, a personal bankruptcy lawyer, today. I offer free initial consultations to answer your questions and discuss your options free of charge. To schedule your free appointment, contact my office at 769-447-3647 or send me an email using my online form.
We are a debt relief agency. We help people file for relief under the Bankruptcy Code.