Montana Bankruptcy Laws

Federal filing fee for Chapter 7 bankruptcy. Fee waivers are available for qualifying low-income filers.

Federal filing fee for Chapter 13 bankruptcy.

You must have lived in Montana for at least 730 days (2 years) before filing to use Montana's state exemptions.

You must complete credit counseling from an approved agency within 180 days before filing and a debtor education course before discharge.

Protects up to $425,828 of equity in your primary residence as of January 1, 2026 (adjusted 4% annually). The property can be up to 320 farm acres, a quarter-block in a city, or 1 residential acre outside a municipality. Sale, condemnation, or insurance proceeds remain exempt for 18 months.

Protects up to $2,500 of equity in one motor vehicle.

Protects up to $4,500 total value of household goods, appliances, clothing, jewelry, books, sporting goods, firearms, musical instruments, animals, feed, and crops.

Montana has opted out of the federal bankruptcy exemptions under 11 U.S.C. § 522(b). Filers must use Montana state exemptions exclusively.

IRAs, 401(k)s, pensions, and other qualified retirement accounts are exempt from creditors in Montana bankruptcy.