North Dakota law protects all or a portion of your property from being seized by creditors or the bankruptcy trustee in a Chapter 7 bankruptcy. In a Chapter 13 bankruptcy, you are generally allowed to keep all of your assets and property. Certain exceptions may apply, so it’s wise to consult with a North Dakota bankruptcy attorney to find which of your assets will be protected in a bankruptcy filed in North Dakota. In general, the major North Dakota bankruptcy exemptions include:
|GENERAL NORTH DAKOTA EXEMPTIONS|
|Real Estate (the Homestead Exemption)
Up to $80,000 of equity in your homestead can be protected.
One motor vehicle with up to $1,200 of equity can be protected; $32,000 for a vehicle that has been modified at a cost of not less than $1,500 to accommodate an individual with a permanent physical disability who is the owner of that motor vehicle.
All family pictures; one church pew; one burial ground; family Bible and books not exceeding $100; clothing; food and fuel for one year; crops and grain; all other personal property including money not to exceed $5,000.
|View the complete list of North Dakota bankruptcy exemptions|
Please remember that this page provides general information only, and is not intended to provide legal advice. The information is not a substitute for the advice of a qualified bankruptcy attorney. If you need legal assistance, consult an attorney.
Generally, the laws of the state in which you lived for the 730 days (2 years) prior to filing a bankruptcy petition will apply in your bankruptcy.
If you have not lived in the same state for the 2 years immediately prior to filing your bankruptcy petition, the laws of the state in which you lived for the majority of the 180-day period preceding the 2-year period will likely apply.
If application of the preceding general rules renders you ineligible for exemptions under any state’s laws, you may be allowed to choose the federal exemptions applicable in your bankruptcy.
No, North Dakota is not a community property state. Because it is not a community property state, you will be responsible for your spouse’s debts only if you voluntarily assumed those debts by, for example, co-signing on a loan given to your spouse. In a non-community property state, one spouse can file for bankruptcy and be eligible to eliminate all of their unsecured debts without the involvement of the other spouse.
Following years of intense lobbying by creditors, Congress passed the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). How did your Senators vote on these largely pro-creditor provisions?
Conrad (D-ND) — YEA
Dorgan (D-ND) — NAY
Quentin N. Burdick U.S. Courthouse
655 First Avenue North
Fargo, North Dakota
U.S. Courthouse and Federal Building
220 East Rosser Ave
Bismarck, North Dakota
Note: You may not have to actually go to one of the above bankruptcy courts. Trustees often conduct your meeting at a local venue.
Although bankruptcy is federal law, the bankruptcy courts in each jurisdiction have local rules that must be followed. A local bankruptcy attorney will be familiar with the specific rules in your area.