Montana Bankruptcy

Bankruptcy laws and resources vary from state to state. The following page provides Montana bankruptcy information and resource links.



If you are not looking for information regarding Montana, please use the links on the left to find information for your state.



Bankruptcy Courts - Location and Contact Information

Montana bankruptcy courts consist of one district. Bankruptcy documents are filed at the main office in Butte, Montana. Hearings and other court proceedings are held at one of five locations across the state.

LOCATIONS STREET ADDRESS MAILING ADDRESS TELEPHONE
Butte
Location
(Main Office)
U.S. Bankruptcy Court
Mike Mansfield Federal Bldg & U.S. Courthouse
400 North Main St., Rm. 303
Butte, MT 59701
Same (406) 782-3354

Great Falls
Location
Federal Building
215 1st Avenue North
Third Floor Courtroom
Great Falls, MT
Office for purpose of holding hearings only
All pleadings and correspondence should be directed to Butte Office.
Billings
Location
Federal Building
316 North 26th Street
Fifth Floor Courtroom
Billings, MT
Office for purpose of holding hearings only
All pleadings and correspondence should be directed to Butte Office.

Missoula
Location
Russell Smith Federal Building
201 East Broadway
Missoula, MT
Office for purpose of holding hearings only
All pleadings and correspondence should be directed to Butte Office.
Kalispell
Location
The Community Room of the Justice Center
920 South Main
Kalispell, MT
Office for purpose of holding hearings only
All pleadings and correspondence should be directed to Butte Office.

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Montana Bankruptcy Laws and Exemptions

Montana 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 Montana bankruptcy filings, state exemptions are used. Click the following links for common bankruptcy exemptions under Montana law: real estate, personal property.

Contact a lawyer for more information regarding Montana bankruptcy exemptions.

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Montana 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 (for cases filed between April 1, 2013 and April 30, 2013).

2. If income exceeds the median income, individuals may still file Chapter 7 bankruptcy based on results of Form 22A: Chapter 7 Statement of Current Monthly Income and Means-Test Calculation. .

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Montana Credit Counseling and Debtor Education Agencies

Pursuant to the new bankruptcy laws enacted in 2005, individuals who file personal bankruptcy (with limited exceptions) in Montana must:

1. take a credit counseling course from an approved Montana credit counseling provider within six months before filing bankruptcy; and

2. complete a debtor education course from an approved Montana debtor education agency prior to receiving a bankruptcy discharge.

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Montana Personal Bankruptcy Attorneys

To find Montana bankruptcy lawyers in your area, you may want to contact your local bar association or the Montana State Bar Association:

The State Bar of Montana
P.O. Box 577
Helena, MT 59624
(406) 442.7660

Based on income, free bankruptcy advice and representation may also be obtained from the following organizations: See the Montana Law Help's website for a list of organizations that provide legal services to low income clients in Montana.

If you are concerned about the representation provided to you by an attorney, visit the State Law Library of Montana's website.

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Additional Resources

U.S. Bankruptcy Court for the District of Montana - administrative and procedural information for Montana bankruptcy filings

Office of the U.S. Trustee for Region 18 - oversees the administration of Montana personal bankruptcy cases and case trustees

State Bar of Montana - information about the Montana bar, membership, ethics, continuing legal education, and resources for the public.

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