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.
- Courts - Location and Contact Information
- Bankruptcy Laws
- Approved Credit Counseling and Debtor Education Agencies
- Montana Attorneys
- Other Bankruptcy Montana Resources
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. |
|
Montana Bankruptcy Laws and 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.
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. .
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.
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.
Return to Top
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.