Bankruptcy in North Dakota
In North Dakota you use state exemptions only (exemptions are the property the law lets you keep). Your home (homestead): $150,000 in equity in the land you live on and your house, including improvements; the land must be one tract or contiguous tracts.
You file in the U.S. Bankruptcy Court for the District of North Dakota.
Checked against official sources: October 25, 2026. · Free letter and checklist ↓
What you can keep in North Dakota
Exemptions are the property the law lets you keep. You use the North Dakota list. The federal list is not available in North Dakota.
Law: N.D. Cent. Code 28-22-17
| What | North Dakota exemption |
|---|---|
Home (homestead) | $150,000 in equity (value above mortgages and liens) in the land you live on and your house, including improvements; the land must be one tract or contiguous tracts. A mobile home or house trailer you live in can be claimed instead, with the same $150,000 limit. A married couple has one homestead: it may be selected from either spouse's separate property with the other spouse's consent. North Dakota law does not say the $150,000 doubles for a married couple; when a married claimant's homestead is sold, the law speaks of one $150,000 to be paid to husband and wife. If you do not claim a homestead (for example, you rent), you may instead claim up to $25,000 in other property, but not if you, your spouse or another head of your family claims the homestead. Law: N.D. Cent. Code 47-18-01, 47-18-03, 47-18-14, 28-22-02(7), 28-22-02(10), 28-22-03.1(1) |
Car or other vehicle | $10,000 in equity in one motor vehicle; $50,000 if the vehicle was modified at a cost of at least $1,500 for an owner with a permanent physical disability Law: N.D. Cent. Code 28-22-03.1(2) |
Household goods and clothing | Fully exempt: family pictures, a pew, a burial lot, the family Bible or other primary religious text, schoolbooks and family library books, one year's supply of food and provisions and heating and vehicle fuel, and professionally prescribed health aids. Wearing apparel up to $5,000 in value, plus all clothing of you and your family. There is no separate household goods exemption; furniture and other goods can be protected with the wildcard. Law: N.D. Cent. Code 28-22-02(1)-(6); N.D. Cent. Code 28-22-03.1(6) |
Wildcard (any property) | $7,500 in any personal property (including money) if you are the head of a family (married, supporting relatives living with you, or paying support for minor children of a previous marriage); $3,750 if you are unmarried with no dependents. Real estate cannot be claimed with this exemption. Separately, if you claim no homestead, you may claim up to $25,000 in other property in lieu of the homestead. Law: N.D. Cent. Code 28-22-01.1, 28-22-03, 28-22-05, 28-22-03.1(1) |
Tools of your trade | $10,000 total in tools, implements or professional books of your trade or a dependent's trade Law: N.D. Cent. Code 28-22-03.1(3) |
Wages | Wages are protected only to the extent of the garnishment limits: a creditor can take no more than the lesser of 25% of weekly disposable earnings or the amount above 40 times the federal minimum wage, reduced by $20 a week for each dependent living with you. Law: N.D. Cent. Code 28-22-18; N.D. Cent. Code 32-09.1-03 |
Retirement accounts | Tax-exempt retirement accounts (401(k), 403(b), IRA, Roth IRA, 457 and similar) that have existed for at least one year are exempt up to $200,000 per account and $400,000 total, and above that to the extent reasonably necessary to support you and your dependents. Pensions and benefits from North Dakota state and local government retirement systems and firefighter relief associations are exempt. Law: N.D. Cent. Code 28-22-03.1(7); N.D. Cent. Code 28-22-19(1) |
Public benefits | Your right to receive Social Security, veterans' disability pension benefits, and disability, illness or unemployment benefits is exempt (Social Security and veterans' disability benefits are not exempt from child support orders). Crime victim compensation awards and assistance payments for dependent children are exempt. Law: N.D. Cent. Code 28-22-03.1(8)(a)-(c); N.D. Cent. Code 28-22-19(2)-(3) |
Other exemptions |
Law: N.D. Cent. Code 28-22-03.1(4)-(5); N.D. Cent. Code 28-22-03.1(9); N.D. Cent. Code 28-22-03.1(8)(d); N.D. Cent. Code 28-22-02(8) |
Amounts: Amounts in the North Dakota Century Code as compiled by the Legislative Council July 1, 2025 (chapters 28-22 and 47-18). The vehicle, tools, in-lieu-of-homestead, life insurance cash value and retirement amounts were set by Senate Bill 2206 (2023). Amounts are fixed in statute, not indexed.
The means test in North Dakota: first step
Official Form 122A-1 compares your household's yearly income with the median income in North Dakota. Here are the official medians:
- 1 person$73,549
- 2 people$96,352
- 3 people$106,686
- 4 people$137,817
- Each extra person+$11,100
Applies to cases filed on or after April 1, 2026. 1 = one earner; 2, 3, 4 = people in the household; add = amount added for each person over 4
Where to file in North Dakota
You file in the district where you lived (your domicile) for most of the last 180 days. North Dakota has one bankruptcy court for the whole state, with its clerk's office in Fargo: https://www.ndb.uscourts.gov/court-info/court-locations.
Law: 28 U.S.C. 1408
Divisions: One statewide court; clerk's office in Fargo, with hearings also held in Bismarck
Clerk's phone: 701-297-7100
Free help in North Dakota
- Legal Services of North Dakota (free civil legal aid; separate line for people 60 and older: 1-866-621-9886) · 1-800-634-5263
- U.S. Bankruptcy Court, District of North Dakota — Filing Without an Attorney
- Find free legal aid at LawHelp.org
- U.S. Bankruptcy Court for the District of North Dakota – Court's self-help page
Free letter and checklist
Letter: tell a creditor you filed bankruptcy
Notice to a creditor or debt collector with your case number, court, filing date and chapter.
Checklist: what to gather before you file
Income, tax returns, debts, property and budget papers the federal forms ask about, with North Dakota's courts.
Bankruptcy in North Dakota by topic
Exemptions in North Dakota
Home, car, household goods, wildcard and more, with the law for each.
The means test in North Dakota
The official median income and the first-step check.
Where to file in North Dakota
The bankruptcy courts, divisions, fees and the 341 meeting.
Good to know in North Dakota
- If you claim the homestead, you cannot also claim the $25,000 in-lieu-of-homestead exemption; renters and people without home equity can use the $25,000 on other property instead.
Law: N.D. Cent. Code 28-22-03.1(1)
- Your wildcard amount depends on family status: $7,500 for a head of a family (including any married person), $3,750 for an unmarried person with no dependents.
Law: N.D. Cent. Code 28-22-01.1, 28-22-03, 28-22-05
- Retirement accounts must have existed for at least one year to use North Dakota's retirement exemption.
Law: N.D. Cent. Code 28-22-03.1(7)
Changes in 2024–2026
No exemption amounts changed in 2024-2026. The current amounts date from a 2023 law (Senate Bill 2206). A 2025 bill on the homestead (House Bill 1343) failed.
Questions about bankruptcy in North Dakota
Can I use the federal bankruptcy exemptions in North Dakota?
No. North Dakota requires you to use the state exemptions.
What is the homestead exemption in North Dakota?
$150,000 in equity (value above mortgages and liens) in the land you live on and your house, including improvements; the land must be one tract or contiguous tracts. A mobile home or house trailer you live in can be claimed instead, with the same $150,000 limit.
How much of a car can I keep in bankruptcy in North Dakota?
$10,000 in equity in one motor vehicle; $50,000 if the vehicle was modified at a cost of at least $1,500 for an owner with a permanent physical disability
Does North Dakota have a wildcard exemption?
$7,500 in any personal property (including money) if you are the head of a family (married, supporting relatives living with you, or paying support for minor children of a previous marriage); $3,750 if you are unmarried with no dependents. Real estate cannot be claimed with this exemption. Separately, if you claim no homestead, you may claim up to $25,000 in other property in lieu of the homestead.
What household goods can I keep in North Dakota?
Fully exempt: family pictures, a pew, a burial lot, the family Bible or other primary religious text, schoolbooks and family library books, one year's supply of food and provisions and heating and vehicle fuel, and professionally prescribed health aids. Wearing apparel up to $5,000 in value, plus all clothing of you and your family. There is no separate household goods exemption; furniture and other goods can be protected with the wildcard.
Are retirement accounts protected in bankruptcy in North Dakota?
Tax-exempt retirement accounts (401(k), 403(b), IRA, Roth IRA, 457 and similar) that have existed for at least one year are exempt up to $200,000 per account and $400,000 total, and above that to the extent reasonably necessary to support you and your dependents. Pensions and benefits from North Dakota state and local government retirement systems and firefighter relief associations are exempt.
Are my wages protected in North Dakota?
Wages are protected only to the extent of the garnishment limits: a creditor can take no more than the lesser of 25% of weekly disposable earnings or the amount above 40 times the federal minimum wage, reduced by $20 a week for each dependent living with you.
Where do I file bankruptcy in North Dakota?
You file in the district where you lived (your domicile) for most of the last 180 days. North Dakota has one bankruptcy court for the whole state, with its clerk's office in Fargo: https://www.ndb.uscourts.gov/court-info/court-locations.
What is the median income for the means test in North Dakota?
For cases filed on or after April 1, 2026: 1 person: $73,549; 2 people: $96,352; 3 people: $106,686; 4 people: $137,817; Each extra person: +$11,100.
Where can I get free help with bankruptcy in North Dakota?
Legal Services of North Dakota (free civil legal aid; separate line for people 60 and older: 1-866-621-9886) and U.S. Bankruptcy Court, District of North Dakota — Filing Without an Attorney.