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North Dakota Bankruptcy Laws

Bankruptcy is governed by federal law, but North Dakota state law determines which property exemptions apply. North Dakota has opted out of the federal exemption scheme, so filers must use state exemptions. North Dakota's homestead exemption protects up to $150,000 of equity (increased from $100,000 in 2023). The state also offers a wild card exemption of up to $7,500 for heads of household.

Last verified: 2026-02-26

Filing Requirements

Chapter 7 Filing Fee$338

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

Chapter 13 Filing Fee$313

Federal filing fee for Chapter 13 bankruptcy.

Credit Counseling Requirement

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

Means Test

Chapter 7 filers must pass a means test comparing their income to North Dakota's median income to determine eligibility.

Key North Dakota Statutes

Protects up to $150,000 of equity in your primary residence and the land upon which it sits. This amount was increased from $100,000 effective July 1, 2023.

Motor Vehicle ExemptionN.D. Cent. Code § 28-22-03.1(2)

Protects up to $2,950 of equity in a motor vehicle, or up to $32,000 if the vehicle has been modified to accommodate the owner's disability.

Heads of household may exempt up to $7,500 of any property. Single filers with no dependents may exempt up to $3,750. Filers who do not claim the homestead exemption receive a $10,000 wild card exemption.

Personal Property ExemptionsN.D. Cent. Code § 28-22-02

Protects household furniture, clothing, provisions for one year, books, crops and grain (160 acres), and other personal property from creditor claims.

Federal Exemption Opt-OutN.D. Cent. Code § 28-22-17

North Dakota has elected to opt out of the federal bankruptcy exemptions under 11 U.S.C. § 522(b). Filers must use North Dakota's state exemptions.

Official Sources

Not Legal Advice

This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at North Dakota Century Code — Exemptions. For advice about your specific situation, consult a licensed attorney.

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