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Idaho Bankruptcy
Bankruptcy laws and resources vary from state to state. The following page provides information and resource links for the state of Idaho.
If you are not looking for information regarding Idaho, please use the links on the right to find information for your state.
- Courts - Location and Contact Information
- Bankruptcy Laws
- Approved Credit Counseling/Debtor Education Agencies
- Idaho Attorneys
- Other Bankruptcy Idaho Resources
Idaho Bankruptcy Courts - Location & Contact Information
Idaho bankruptcy courts consist of one district, which is further divided into four divisions. Generally, the debtor’s county of residence will determine which division the bankruptcy petition is filed. It may also be determined by the location of the debtor’s principal place of business or principal assets.
DISTRICT OF IDAHO
COUNTIES OF JURISDICTION:Southern Division - Ada , Adams, Boise, Canyon, Elmore, Gem, Owyhee, Payette, Valley and Washington Counties
Northern Division - Benewah, Bonner, Boundary, Kootenai and Shoshone Counties
Central Division - Clearwater, Idaho, Latah, Lewis and Nez Perce Counties
Eastern Division - Bannock, Bear Lake, Bingham, Blaine, Bonneville, Butte, Camas, Caribou, Cassia, Clark, Custer, Franklin, Fremont, Gooding, Jefferson, Jerome, Lemhi, Lincoln, Madison, Minidoka, Oneida, Power, Teton and Twin Falls Counties
| DIVISION | STREET ADDRESS | MAILING ADDRESS | TELEPHONE |
| Southern Division |
U.S. Bankruptcy Court 550 West Fort Street Boise, ID 83724-0101 |
Same | (208) 334-1361 |
| Northern Division |
U.S. Bankruptcy Court 205 North Fourth Street Coeur d'Alene, ID 83814 |
Same | (208) 664-4925 |
| Central Division |
U.S. Bankruptcy Court 220 E 5th St - Rm 304 Moscow, ID 83843 |
Same |
(208) 882-7612 |
| Eastern Division |
U.S. Bankruptcy Court 801 East Sherman Street Pocatello, ID 83201 |
Same |
(208) 478-4123 |
Idaho Bankruptcy Laws and Exemptions
Idaho Exemptions
The U.S. Bankruptcy Code allows individual debtors to exempt certain property from creditor claims based on exemptions under either federal law or state law. Exemptions vary from state to state. Some states have adopted their own set of bankruptcy exemptions that are used in place of the federal exemptions. However, other states give debtors an option to choose between either state or federal exemptions.
For Idaho bankruptcy filings, state exemptions are used. Click the following links for some common bankruptcy exemptions under Idaho Code: homestead exemption, personal property.
Contact an Idaho bankruptcy lawyer for more information regarding Idaho bankruptcy exemptions.
Idaho Means Test
The new bankruptcy laws enacted in 2005 also require that debtors pass a means test before filing a Chapter 7 bankruptcy. There are two ways to pass the means test:
1. the debtor's annual income (calculated using the average gross income for the six month period prior to filing) must be below the state median. Census Bureau statistics for state median income by family size can be found here.
2. If income exceeds the median income, individuals may still file Chapter 7 bankruptcy based on results ofForm 22A: Chapter 7 Statement of Current Monthly Income and Means-Test Calculation.
Idaho Credit Counseling & Debtor Education Agencies
Pursuant to the new bankruptcy laws enacted in 2005, individuals who file personal bankruptcy (with limited exceptions) in Idaho must:
1. take a credit counseling course from an approved Idaho credit counseling provider within six months before filing bankruptcy; and
2. complete a debtor education course from an approved Idaho debtor education agency prior to receiving a bankruptcy discharge.
Idaho Personal Bankruptcy Attorneys
To find Idaho bankruptcy lawyers in your area, you may want to contact your local district bar association or the Idaho State Bar Association:
Idaho State Bar
525 West Jefferson
Boise, ID 83702
(208) 334-4500
Based on income, free bankruptcy advice and representation may also be obtained from the following organizations: See the Idaho Volunteer Lawyers Program's web page for more information regarding legal services available to low income clients in Idaho.
If you are concerned about the representation provided to you by an Idaho bankruptcy attorney, contact:
Idaho State Bar
Office of Bar Counsel
Box 895
Boise, ID 83701
For more information, visit the Idaho State Bar's page about filing an attorney complaint.
Resources for Idaho Bankruptcy Laws
U.S. Bankruptcy Court for the District of Idaho - administrative and procedural information for Idaho bankruptcy filings
Office of the U.S. Trustee for Region 18 - oversees the administration of Idaho personal bankruptcy cases and case trustees
Idaho State Bar Association - information about the Idaho bar, membership, ethics, continuing legal education, and resources for the public.
       
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