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People move for work, family, or a fresh start, then debt follows. Bankruptcy can help, but recent relocation can create a nasty surprise: The homestead exemption rules may point to a different state’s exemption law than the one you live in now.

This post explains the two main lookback rules, how the 1,215-day homestead cap fits in, and what Mississippi filers should watch before they file.

The 730-Day Domicile Rule

Bankruptcy exemption law does not always follow your current address. Under 11 U.S.C. § 522(b)(3)(A), the court applies the exemption law of the state where you kept your domicile for the 730 days (two years) right before you file. If you did not stay in one state for that full period, the rule shifts to the state where you lived for the greater part of the 180 days before that 730-day window.

This creates the classic relocation trap: You live in Mississippi, but the code points you back to another state’s homestead scheme. If that prior state’s exemptions require current residency and the lookback rule leaves you ineligible for any exemption, the statute lets you use the federal exemptions as a fallback.

The 1,215-Day Homestead Cap

Even when state law controls, 11 U.S.C. § 522(p) can limit how much home equity you can protect if you acquired the homestead interest within 1,215 days (about three years and four months) before filing. Section 522(p) caps the exemptible amount for that recently acquired interest.

Because Congress adjusts bankruptcy dollar amounts every three years, that cap can change. For cases filed on or after April 1, 2025, the adjusted § 522(p) cap equals $214,000.

Mississippi Homestead Limits

Mississippi uses its own exemption system in bankruptcy and opts out of the federal list for Mississippi residents. For the homestead, Mississippi law generally protects up to $75,000 in value (after subtracting liens) and limits the acreage to 160 acres.

That state cap often matters more than § 522(p) for Mississippi homeowners, but relocation cases can still pull you into another state’s rules before you hit the 730-day mark.

Talk With Us About Your Bankruptcy Options

When you face a recent move, we help you map domicile dates, home-acquisition dates, and filing timing so you avoid exemption surprises and choose a Chapter 7 or Chapter 13 strategy that fits the facts. Call O’Brien Law Firm, LLC, at 662-672-7619 or use our contact form.