North Dakota Bankruptcy

By filing for bankruptcy, individuals and entities may seek relief from debts or request help with debt management. In North Dakota, bankruptcy cases fall under United States federal law and are heard in federal court. Filers in the state must use the North Dakota exemptions rather than the federal exemption list when they protect property in a case.

How to File Bankruptcy in North Dakota

To file your case, you may collect documents such as pay stubs, tax returns, and a bank statement that covers your bankruptcy filing date so that you can fill out the forms accurately and provide accurate information. Within 180 days before filing, you must also take a credit counseling course from an approved provider. This course will assist you to understand other debt relief options before proceeding with bankruptcy.

You may find the required forms for your case online at USCourts.gov. Then, complete them properly and get the filing fees ready before visiting the courthouse. If you cannot afford the full fee, you may request to pay in installments; however, failure to meet payment deadlines could result in case dismissal.

If you are submitting your forms in person or by mail, you will need to print them out using standard white letter-size paper and append your signature in the required fields. Once the court receives the paperwork, you will be assigned a case number and a trustee to oversee your case. To assist the trustee with your case, you may send them documents like proof of Social Security number, a copy of your ID, bank statement, and a recent federal tax return. During the 341 creditors’ meeting, the trustee will ask about your income, assets, and other financial changes.

Finally, you must complete a debtor education course and file the certificate of completion with the court before your discharge may be granted.

North Dakota Bankruptcy Types: Chapter 7, Chapter 13 & Chapter 11

Bankruptcy cases are classified into different types and are designed to provide varying forms of debt relief.

Chapter 7

If you are unable to repay your debts, you may consider filing Chapter 7 bankruptcy in North Dakota if you qualify under the state’s means test. A court-appointed trustee may sell nonexempt assets and use the proceeds to pay your creditors. This process can discharge most remaining unsecured debts, providing a fresh financial start.

Chapter 13

If you have a steady source of income, you can file Chapter 13 to restructure your debts into a repayment plan. Under this plan, you can pay your debts over three to five years based on your income and financial situation. In addition, this process allows you to keep essential property while making monthly payments to creditors.

Chapter 11

Chapter 11 allows you to stay in business while reorganizing and repaying your debts under court supervision. The goal of filing this chapter is to help you in regaining stability while repaying your debts.

Step-by-Step Checklist for North Dakota Filers

To file a bankruptcy case successfully in North Dakota, you will need to complete several required steps:

• Gather required documents
• Participate in a credit counseling course
• Obtain bankruptcy forms
• Prepare the filing fees
• Mail the supporting documents in your case to the trustee
• Attend 341 meeting of creditors
• Complete debtor education course
• Receive bankruptcy discharge

North Dakota Bankruptcy Court & Record Access

The U.S. Bankruptcy Court for the District of North Dakota has jurisdiction over all bankruptcy cases filed within the state of North Dakota. It oversees proceedings related to debt relief, reorganization, and liquidation within the district. The courthouse is located at:

The Public Access to Court Electronic Records (PACER) system offers public access to federal court records, including bankruptcy court filings. You must register for a free account to view case and docket information for the bankruptcy matter you need. However, electronic documents from bankruptcy cases filed before December 1, 2003, are not available through PACER. To view or print these older documents, you may use the public terminal in the clerk’s office at $0.10 per page.