Filing Bankruptcy in North Dakota: Means Test, Exemptions and Courts

North Dakota has one federal bankruptcy court district: the U.S. Bankruptcy Court for the District of North Dakota (https://www.ndb.uscourts.gov/).

Median family income for North Dakota: 1 person $73,549; 2 people $96,352; 3 people $106,686; 4 people $137,817; add $11,100 for each additional person beyond 4. These figures apply to bankruptcy cases filed on or after July 15, 2026.

North Dakota has opted out of the federal bankruptcy exemptions. Residents are not entitled to the federal exemptions in 11 U.S.C. 522(d) and are limited to the exemptions allowed by North Dakota law.

Up to $150,000 in value over and above liens and encumbrances, covering the land the filer lives on, the house on that land, and its improvements. There is no acreage limit, but the homestead cannot include separate lots or tracts unless they are contiguous. A mobile home or house trailer used as a residence can be claimed instead, subject to the same value limit. A resident who does not claim the homestead may instead claim an exemption of up to $25,000 in lieu of the homestead.

One motor vehicle up to $10,000 in value over security interests and liens, or up to $50,000 for a vehicle that has been modified at a cost of at least $1,500 to accommodate an owner with a permanent physical disability.

North Dakota lets a head of a family choose up to $7,500 of other personal property of any kind, including money, as exempt; an unmarried person with no dependents may choose up to $3,750. A resident who does not claim the homestead may also claim up to $25,000 in lieu of the homestead exemption.

Retirement funds in accounts that are tax-exempt under Internal Revenue Code sections 401, 403, 408, 408A, 414, 457 or 501(a) and have been in effect for at least one year are exempt up to $200,000 per account and $400,000 total for all accounts; the dollar limit does not apply to the extent the funds are reasonably necessary to support the filer and dependents. Payments under a pension, profit-sharing, annuity or similar plan on account of illness, disability, death, age or length of service are exempt to the extent reasonably necessary for support (with an exception for certain non-qualified insider plans). Pensions and benefits from North Dakota state, state-agency, political-subdivision and firefighter relief retirement systems are fully exempt. Spousal support, child support and qualified domestic relations orders are exceptions.

North Dakota's exemption chapter protects wages only to the extent of the garnishment limit: no more than the lesser of 25% of weekly disposable earnings, or the amount by which weekly disposable earnings exceed 40 times the federal minimum hourly wage, can be taken. The amount that can be taken is reduced by $20 per week for each dependent family member living with the debtor if the debtor gives the employer a signed list of dependents.

North Dakota has one bankruptcy court (District of North Dakota, Fargo). Its Filing Without an Attorney page links to federal judiciary bankruptcy basics and pro se information, U.S. Trustee means-test, credit counseling and debtor education information, and the poverty guidelines and procedures for a Chapter 7 fee waiver. Individuals filing Chapter 7 (including joint filers) can prepare and submit their petition online for free with the court's eSR tool, but the case is not filed until, within 14 days, the court receives the credit counseling certificate, a signed Declaration Regarding Electronic Filing, a creditor mailing matrix if needed, the signed Statement About Your Social Security Numbers, the filing fee (or an installment or waiver application) and recent pay stubs (or a Statement Concerning Payment Advices). The court also offers a form to request electronic notice for pro se filers.

District of North Dakota (the state's only bankruptcy district): under Bankruptcy Rule 2016-1, Chapter 13 Compensation for Legal Fees and Expenses by Debtor's Attorney (effective April 3, 2023), an attorney is excused from the compensation application requirement if "the attorney's claim for compensation does not exceed a presumptively reasonable fee of $4,000." The fee is presumed to compensate a minimum level of listed services (prepetition counseling and analysis through steps needed for discharge); adversary proceedings, Rule 2004 examinations, postconfirmation hearings and certain motions are excluded. Postconfirmation simplified applications of $1,000 or less per application may be approved without a hearing.