reglab/housing_qa huggingface dataset:
MS Code § 85-1-7 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 1 - Assignment for Benefit of Creditors|§ 85-1-7. Assignee to become receiver of the court

 The assignee, upon filing the petition and the approval of his bond, shall become a receiver of the court, and shall be entitled to all the rights and privileges, and subject to all the duties and obligations, of other receivers in equity, and may be removed as such as in other cases, and shall not be sued in any other court save by permission of the court, or chancellor in vacation.
MS Code § 85-1-9 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 1 - Assignment for Benefit of Creditors|§ 85-1-9. Inventories

 The assignee shall, as speedily as may be, and within ten (10) days after the filing of his petition, unless the court or the chancellor in vacation, shall, for cause, extend the time, prepare and file in the cause a complete and perfect inventory of the property and effects assigned. If, after making the first inventory, any other property or effects conveyed by the deed of assignment shall come to the possession or knowledge of the assignee, he shall make a supplemental inventory thereof speedily, and within ten (10) days thereafter, unless the time therefor shall be extended as provided in the case of the original inventory.
MS Code § 85-1-11 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 1 - Assignment for Benefit of Creditors|§ 85-1-11. Creditor's cross-petition to set aside assignment

 Any creditor may file in said cause a cross-petition against the receiver, and he may make the assignor or other persons, whether parties to the suit before that time or not, defendants thereto, and show to the court that the assignment is fraudulent, or ought not, for any other reasons, to be enforced; and property other than that in the trustee's or assignee's hands may be shown to be liable for the debts of the assignor.
MS Code § 85-1-13 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 1 - Assignment for Benefit of Creditors|§ 85-1-13. Creditor's cross-petition to set aside assignment; rights of successful creditor

 The creditor filing a cross-petition, if he succeed in establishing that the assignment ought not to be enforced, shall have priority over all other creditors in the distribution of the proceeds of the property in the assignee's hands, and a lien, from the filing of his cross-petition, on other property he may seek to have subjected to his debt; and in aid of such lien, a writ of sequestration, injunction, or other remedial process may issue.
MS Code § 85-1-15 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 1 - Assignment for Benefit of Creditors|§ 85-1-15. Creditor's cross-petition to set aside assignment; rights of unsuccessful creditor

 Whenever a creditor may seek to set aside the assignment for any reason as provided in this chapter, and fail to do so, he shall nevertheless receive the share provided for him according to the terms of the instrument, first, however, deducting therefrom all the court costs, reasonable attorneys' fees, and other necessary expenses incurred by the assignee in defending the suit.
MS Code § 85-1-17 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 1 - Assignment for Benefit of Creditors|§ 85-1-17. Personal decree against assignor

 A creditor may demand, by cross-petition, a personal decree against the assignor for the amount of his debt; but priority of such personal decrees shall not affect the distribution of the assigned effects, or the proceeds thereof.
MS Code § 85-1-19 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 1 - Assignment for Benefit of Creditors|§ 85-1-19. Duty of creditors to establish claims

 It shall be the duty of all creditors to establish their claims in said cause to the satisfaction of the court; and any creditor may oppose and controvert the demand or claim, in whole or in part, of any other person; and the court shall, on motion, cause all proper issues to be made up to test the validity of claims.
MS Code § 85-3-2 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 3 - Exempt Property|§ 85-3-2. Certain federal exemptions prohibited

 In accordance with the provisions of Section 522(b) of the Bankruptcy Reform Act of 1978, as amended (11 U.S.C.S. 522(b)), residents of the State of Mississippi shall not be entitled to the federal exemptions provided in Section 522(d) of the Bankruptcy Reform Act of 1978, as amended (11 U.S.C.S. 522(d)). Nothing in this section shall affect the exemptions given to individuals of Mississippi by the Constitution and statutes of the State of Mississippi.
MS Code § 85-3-3 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 3 - Exempt Property|§ 85-3-3. Execution or attachment of personal property; selection of exempt property

 Where an officer shall be about to levy an execution or attachment on personal property, some of which shall be claimed as exempt, he shall demand of the defendant that he make selection of such property as is exempt to him and in reference to which he has the right of selection; and the defendant shall then and there make his selection, or, failing to do so, the officer shall make it for him, and any selection so made shall be conclusive on the defendant.
MS Code § 85-3-5 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 3 - Exempt Property|§ 85-3-5. Execution or attachment of personal property; plaintiff's indemnity bond; liability of officer

 If any sheriff or other officer shall levy or be about to levy an execution or attachment on any personal property claimed as exempt, and a doubt shall arise as to the liability of the property to be sold, he may demand of the plaintiff a bond, with sufficient sureties, payable to such officer, in a sufficient penalty, conditioned to indemnify and save harmless the officer against all damages which he may sustain in consequence of the seizure or sale of the property, and to pay the defendant all damages which he may sustain in consequence of the seizure or sale; and if such bond be not given, after reasonable notice, in writing, from the officer to the plaintiff, his agent or attorney, that it is required, the officer may refuse to levy, or, having levied, may dismiss the levy; but if the required bond be given, the officer shall seize and sell or dispose of the property according to the command of the process in his hands, and shall return the bond with the execution or attachment. If an officer shall seize personal property exempt from execution, he shall be liable to an action at the suit of the owner for all damages sustained thereby, unless he have taken an indemnifying bond.
MS Code § 85-3-7 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 3 - Exempt Property|§ 85-3-7. Execution or attachment of personal property; defendant may sue on plaintiff's indemnity bond

 After the execution of such bond, the defendant in the execution or attachment shall be barred of any claim against the officer so seizing or selling the property, unless the obligors in the bond be or become insolvent, or the bond be otherwise invalid; and the defendant in execution or attachment may sue on the bond in the name of the payee, for his use, and recover double damages for the loss he has sustained by the seizure or sale of the property.
MS Code § 85-3-9 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 3 - Exempt Property|§ 85-3-9. Execution or attachment of personal property; replevy by defendant

 Any defendant whose exempt property is seized may replevy the same by giving bond with sureties, to be approved by the officer seizing it, in double the value of the property, payable to the plaintiff in the execution or attachment, and conditioned to have the property forthcoming, to abide the event of an issue to be made up at the return term of the process; and in such case the officer shall deliver the property to the defendant, and return the bond with the process; and at the return term an issue shall be made up under the direction of the court, and tried, as in case of the trial of the right of property levied upon and claimed by a third person, and if found for defendant he shall recover costs, damages, and a penalty of Twenty Dollars ($20.00) of the plaintiff and his sureties on the bond of indemnity, if any have been given; but if found for plaintiff, he shall have judgment against the obligors in the replevy bond for the value of the property and costs of suit.
MS Code § 85-3-11 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 3 - Exempt Property|§ 85-3-11. Proceeds of life insurance policy; named beneficiaries; certain proceeds of policies exempt from liability for debts of person insured

  Except as provided in subsection (2), all proceeds of a life insurance policy including cash surrender and loan values, shall inure to the party or parties named as the beneficiaries thereof, free from all liability for the debts of the person whose life was insured, even though such person paid the premium thereon. In addition, all proceeds, including cash surrender and loan values, of a policy of life insurance owned by or assigned to another, shall inure to the beneficiary or beneficiaries named therein, subject to terms of any assignment, free from all liability for debts of the person whose life was insured.     The exemption authorized in subsection (1) shall not apply to that portion of the cash surrender value or loan value of any life insurance policy which exceeds the sum of Fifty Thousand Dollars ($50,000.00) as a result of premiums paid or premium deposits or other payments made within twelve (12) months of issuance of a writ of seizure, attachment, garnishment or other process or the filing of a voluntary or involuntary bankruptcy proceeding under the United States Code.   The amount of any premiums for the insurance paid with intent to defraud creditors, with interest thereon, shall inure to the benefit of such creditors from the proceeds of the policy; but the insurer issuing the policy shall be discharged of all liabilities thereon by payment of its proceeds in accordance with its terms, unless before such payment the insurer shall have written notice, by or on behalf of a creditor, of a claim to recover for transfer made or premiums paid with intent to defraud creditors with specification of the amount claimed.   Notwithstanding any other provision to the contrary, a creditor possessing a valid assignment from the policy owner may recover from either the cash surrender value or the proceeds of the life insurance policy the amount secured by the assignment with interest.
MS Code § 85-3-13 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 3 - Exempt Property|§ 85-3-13. Proceeds of life insurance policy; payable to executor; limits

 The proceeds of a life insurance policy not exceeding Fifty Thousand Dollars ($50,000.00) payable to the executor, or administrator, of the insured, shall inure to the heirs or legatees, freed from all liability for the debts of the decedent, except premiums paid on the policy by any one other than the insured, for debts due for expenses of last illness and for burial; but if the life of the deceased be otherwise insured for the benefit of his heirs or legatees at the time of his death, and they shall collect the same, the sum collected shall be deducted from the Fifty Thousand Dollars ($50,000.00) and the excess of the latter only shall be exempt. No fee shall be paid or allowed by the court to the executor or administrator for handling same.
MS Code § 85-3-15 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 3 - Exempt Property|§ 85-3-15. Proceeds of life insurance policy; unassigned policies

 The proceeds of all unassigned life insurance policies payable to the executor or administrator of the insured, upon the death of the insured, shall, whether exempt or not, be paid by such insurance company, to the executor or administrator of such insured deceased, and the receipt of such executor or administrator shall constitute a full and complete acquittance to such insurance company as against the claims of any and all persons claiming any rights under such policy of insurance.
MS Code § 85-3-17 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 3 - Exempt Property|§ 85-3-17. Judgment for personal injury

 The proceeds of any judgment not exceeding Ten Thousand Dollars ($10,000.00) recovered by any person on account of personal injuries sustained, shall inure to the party or parties in whose favor such judgment may be rendered, free from all liabilities for the debts of the person injured.
MS Code § 85-3-19 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 3 - Exempt Property|§ 85-3-19. Beneficiaries of deceased plaintiff take damages free from debts

 Whenever suit was begun in the name of the party injured, and such party shall die while said suit is pending in any court, and said suit shall be revived in the name of the administrator, any sum finally recovered in any such suit, if such deceased left surviving a husband or wife, or children or father or mother, to whom such judgment shall be distributed, as may be provided by law, such wife or children, or father or mother, or husband who may be entitled to recover or receive such moneys shall take same free from all liabilities for the debts of the deceased, and also free from all liabilities for the debts of the person or persons, as above entitled to receive them.
MS Code § 85-3-21 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 3 - Exempt Property|§ 85-3-21. Homestead exemption; land and buildings

 Every citizen of this state, male or female, being a householder shall be entitled to hold exempt from seizure or sale, under execution or attachment, the land and buildings owned and occupied as a residence by him, or her, but the quantity of land shall not exceed one hundred sixty (160) acres, nor the value thereof, inclusive of improvements, save as hereinafter provided, the sum of Seventy-five Thousand Dollars ($75,000.00); provided, however, that in determining this value, existing encumbrances on such land and buildings, including taxes and all other liens, shall first be deducted from the actual value of such land and buildings. But husband or wife, widower or widow, over sixty (60) years of age, who has been an exemptionist under this section, shall not be deprived of such exemption because of not residing therein.
MS Code § 85-3-23 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 3 - Exempt Property|§ 85-3-23. Homestead exemption; land and buildings; insurance proceeds; personal property

 Every citizen of this state, male or female, being a householder shall be entitled to hold exempt from seizure or sale under execution or attachment the land and buildings owned and occupied as a residence by such person, also the proceeds of any insurance, fire or otherwise, on any such buildings destroyed or damaged by fire, tornado or otherwise, not to exceed in value, save as hereinafter provided, Seventy-five Thousand Dollars ($75,000.00), and personal property to be selected by him or her not to exceed in value Two Hundred Fifty Dollars ($250.00) or the articles specified as exempt to the head of a family; provided, however, that no sum or amount due, or to become due such person, nor any part thereof, for or on account of wages, salaries or commissions, shall in any proceedings be selected or claimed as exempt under this section. But husband or wife, widower or widow, over sixty (60) years of age, who has been an exemptionist under this section, shall not be deprived of such exemption because of not residing therein.
MS Code § 85-3-25 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 3 - Exempt Property|§ 85-3-25. Homestead declaration; form; deposit with clerk of chancery court

 Any citizen entitled to a homestead and desiring to select the same and obtain the advantages of such selection, may make a declaration thereof to the following effect, namely:   "The State of Mississippi,Homestead declaration. County of "I, John Doe [or Nancy Roe], a citizen of said state and county, do declare that I am entitled to a homestead in said county, and that I have selected the same as follows: [Here describe the land and premises. Append plat if desired.] "Witness my signature, this day of , A. D. ""   Click to view   The declaration shall be acknowledged or proved as a deed is required to be, and deposited in the office of the clerk of the chancery court for record, in a book to be kept for that purpose, and styled "Homestead Record."
MS Code § 85-3-27 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 3 - Exempt Property|§ 85-3-27. Homestead declaration; effect

 The declaration, for not more than one hundred sixty (160) acres, and not exceeding in value Seventy-five Thousand Dollars ($75,000.00); or, if the homestead be in a city, town or village, not exceeding in value Seventy-five Thousand Dollars ($75,000.00) after being filed for record, shall be notice to all persons to be affected thereby; and shall bind the exemptionist, the spouse of the exemptionist if the exemptionist be married, and the creditors of the exemptionist until the exemptionist shall execute and file a new declaration which shall nullify the preceding one, and otherwise have like effect; and shall moreover entitle the exemptionist thereafter to hold the same as exempt to the extent of such value; but subject to contest and legal designation or allotment, if the exemptionist had declared for too much, or has insufficiently or improperly described the premises; and to contest by creditors on the ground that the exemptionist was not entitled to a homestead, and by the spouse of the exemptionist on the ground that it was intended to defraud or circumvent such spouse.
MS Code § 85-3-29 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 3 - Exempt Property|§ 85-3-29. Homestead declaration; recording

 The clerk shall file, certify, record, and alphabetically index the declaration, in the same manner as deeds are required to be, and with like effect in all respects, and under like penalties.
MS Code § 85-3-31 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 3 - Exempt Property|§ 85-3-31. Homestead designated by law when not selected

 The homestead of every citizen entitled to such an exemption who shall not select or who has improperly selected his homestead by declaration, shall be, namely: A tract of land in the form of, first, a square, or second, a parallelogram, if practicable, and composed, if practicable, of contiguous parcels, and including the dwelling house, and, if practicable, the other principal buildings, and not to exceed one hundred sixty (160) acres in area, nor Seventy-five Thousand Dollars ($75,000.00) in value. And in all cases where the homestead may be composed of detached parcels of land, it shall be made up of those nearest the forty (40) acre or other less tract containing the dwelling house.
MS Code § 85-3-33 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 3 - Exempt Property|§ 85-3-33. Heirs may designate homestead

 In all cases where a deceased person has left a widow or husband, as the case may be, or other heirs at law, then such widow or husband or other heirs at law, or both, who may be entitled by law to inherit from the deceased person, shall be entitled to have the homestead exempt, whether selected, designated or declared for by said decedent in his lifetime or not, and such person or persons so entitled to inherit by law may select, designate or declare for such homestead on or any of the real property of which said decedent died seized and possessed, and have the same set apart to them, or either of them, as the homestead of the decedent.
MS Code § 85-3-35 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 3 - Exempt Property|§ 85-3-35. Allotment of homestead; selection of householders or freeholders to set off portion of land

 If the land on which the person claiming the exemption resides exceeds one hundred sixty (160) acres in quantity or Seventy-five Thousand Dollars ($75,000.00) in value, inclusive of improvements, and a proper selection of a homestead has not been made and filed for record, the officer holding an execution against such persons, and not finding other property to satisfy the same, shall levy the execution on the whole land, and shall notify the defendant, if to be found, and the plaintiff or his attorney, if in his county, each to select one (1) householder or freeholder; and each party may select one (1), and inform the officer of his selection, and the officer shall select a third; or, if defendant or plaintiff or his attorney be absent from the county, or if he shall not make a selection, or if the person selected will not act, the officer shall select the three (3) householders or freeholders, who, on oath to be administered by him, shall set off to such person a portion of the land, embracing the dwelling house and outhouses and not exceeding one hundred sixty (160) acres in quantity nor Seventy-five Thousand Dollars ($75,000.00) in value, and the allotment, distinctly indicated by metes and bounds or other sufficient description, shall be returned with the execution; and the levy of the execution shall be dismissed as to the part so allotted; and the officer may advertise and sell the remainder of the land. In making such allotment, the homestead shall be laid off as designated by law in case of the debtor's failure to select his homestead and file his declaration thereof for record.
MS Code § 85-3-37 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 3 - Exempt Property|§ 85-3-37. Allotment of homestead; premises not capable of division

 If the premises be not capable of being so divided as to set off the debtor a part, including the dwelling house and not exceeding Seventy-five Thousand Dollars ($75,000.00) in value, inclusive of improvements, or if the debtor has made a valid homestead declaration, and the homestead exceeds Seventy-five Thousand Dollars ($75,000.00) in value, the householders or freeholders shall value the land, inclusive of the dwelling house and buildings; and if the surplus of the valuation, over and above the exempt value, shall, within sixty (60) days, be paid by the execution-debtor, the premises shall not be sold; but if the surplus be not paid within sixty (60) days after the valuation, the officer may advertise and sell the premises, if the same shall bring a greater sum than the exempt value; and out of the proceeds of the sale he shall pay to the execution-debtor the sum of Seventy-five Thousand Dollars ($75,000.00).