| Home > North Dakota Bankruptcy |
North Dakota Bankruptcy
Bankruptcy laws and resources vary from state to state. The following page provides information and resource links for the state of North Dakota.
If you are not looking for information regarding North Dakota, please use the links on the right to find information for your state.
- Court - Location and Contact Information
- Bankruptcy Laws
- Approved Credit Counseling/Debtor Education Agencies
- North Dakota Attorneys
- Other Bankruptcy North Dakota Resources
N. Dakota Bankruptcy Court - Location & Contact Information
Following is the address and telephone number for the North Dakota bankruptcy court:
U.S. Bankruptcy Court
Quentin N. Burdick U.S. Courthouse
655 1st Avenue N.
Suite 210
Fargo, ND 58102-4932
(701) 297-7100
North Dakota Bankruptcy Laws and Exemptions
North Dakota 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 North Dakota bankruptcy filings, state exemptions are used. Click the following links for some common bankruptcy exemptions pursuant to North Dakota law: homestead exemption, personal property.
Contact a North Dakota bankruptcy lawyer for more information regarding North Dakota bankruptcy exemptions.
North Dakota 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.
North Dakota Credit Counseling & Debtor Education Agencies
Pursuant to the new bankruptcy laws enacted in 2005, individuals who file personal bankruptcy (with limited exceptions) in North Dakota must:
1. take a credit counseling course from an approved North Dakota credit counseling provider within six months before filing bankruptcy; and
2. complete a debtor education course from an approved North Dakota debtor education agency prior to receiving a bankruptcy discharge.
North Dakota Personal Bankruptcy Attorneys
To find North Dakota bankruptcy lawyers in your area, you may want to contact your local bar association or the North Dakota State Bar Association:
State Bar Association of North Dakota
504 N. Washington St.
Bismarck, ND 58501
(701) 255-1404
(800) 472-2685
Based on income, free bankruptcy advice and representation may also be obtained from the following organizations: See the North Dakota Civil Legal Services' website for more information regarding legal services available to low income clients in North Dakota.
If you are concerned about the representation provided to you by a North Dakota bankruptcy attorney, see the North Dakota Supreme Court Disciplinary Board's web page regarding the process for filing a complaint against an attorney.
Return to Top
Resources for North Dakota Bankruptcy Laws
U.S. Bankruptcy Court for the District of North Dakota - administrative and procedural information for North Dakota bankruptcy filings
Office of the U.S. Trustee for Region 12 - oversees the administration of North Dakota personal bankruptcy cases and case trustees
State Bar Association of North Dakota - information about the North Dakota bar, membership, ethics, continuing legal education, and resources for the public.
       
|
