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
Federal filing fee for Chapter 7 bankruptcy. Fee waivers available for qualifying low-income filers.
Federal filing fee for Chapter 13 bankruptcy.
You must complete credit counseling from an approved agency within 180 days before filing and a debtor education course before discharge.
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.
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.
Protects household furniture, clothing, provisions for one year, books, crops and grain (160 acres), and other personal property from creditor claims.
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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