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Montana bankruptcy exemptions  MT Bankruptcy Exemptions

FEDERAL BANKRUPTCY EXEMPTIONS ARE NOT AVAILABLE
All Bankruptcy law references are to Montana Code Annotated unless noted.

ASSET

EXEMPTION

LAW PROVISION

HOMESTEAD

Real property or mobile home occupied by debtor to $250,000; sale, condemnation or insurance proceeds exempt 18 months

Must record homestead declaration before filing for bankruptcy

70-32-104, 70-32-201,

70-32-216

70-32-105

INSURANCE

Annuity contract proceeds to $350 per month

Disability or illness proceeds, avails or benefits

Fraternal benefits society benefits

Group life insurance or proceeds

Hail insurance benefits

Life insurance proceeds if clause prohibits proceeds from being used to pay beneficiary’s creditors

Medical, surgical or hospital care benefits

Unmatured life insurance contracts to $4000

33-15-514


25-13-608(1)(d), 33-15-513

33-7-522

33-15-512

80-2-245

33-20-120



25-13-608(1)(e)


25-13-609(4)

MISCELLANEOUS

Alimony, child support

Property of business partnership

25-13-608(1)(f)

35-10-502

PENSIONS

ERISA-qualified benefits deposited over 1 year before filing bankruptcy in excess of 15% of debtor’s annual income

Firefighters

Game wardens

Highway patrol officers

Judges

Police officers


Public employees

Sheriffs

Teachers

University system employees

31-2-106



19-11-612(1), 19-13-1004

19-8-805(2)

19-6-705(2)

19-5-704

19-9-1006, 19-10-504(1)

19-3-105(1)

19-7-502(2)

19-4-706(2)

19-21-212

PERSONAL PROPERTY

Appliances, household furnishings, goods, animals with feed, crops, musical instruments, books, firearms, sporting goods, clothing & jewelry to $600 per item, $4500 total

Burial plot

Cooperative association shares to $500 value

Health aids

Motor vehicle to $2,500

Proceeds for damaged or lost exempt property for 6 months after received

25-13-609(1)





25-13-608(1)(g)

35-15-404


25-13-608(1)(a)

25-13-609(2)

25-13-610

PUBLIC BENEFITS

Aid to aged, disabled, AFDC

Crime victims’ compensation

Local public assistance

Silicosis benefits

Social security

Subsidized adoption benefits


Unemployment compensation

Veterans’ benefits

Vocational rehabilitation to the blind

Workers’ compensation

53-2-606

53-9-129

25-13-608(1)(b)

39-73-110

25-13-608(1)(b)

53-2-607

31-2-106(2), 39-51-3105

25-13-608(1)(1)

53-2-607

39-71-743

TOOLS OF TRADE

Implements, books & tools of trade to $3000

Uniforms, arms, accoutrements needed to carry out government functions

25-13-609(3)


25-13-613(b)

WAGES

Minimum 75% of earned but unpaid wages; bankruptcy judge may authorize more for low-income debtors

25-13-614

WILD CARD

NONE

 



Montana bankruptcy courts  Montana Bankruptcy Courts
See the list below for Bankruptcy Courts by District. Click on the District link to go directly to that Bankruptcy Court's web site.

BANKRUPTCY COURTS NUMBER OF COPIES
District of Montana
273 Federal Building
400 North Main Street
Butte, MT 59701
Telephone: (406) 782-9878

contact clerks office

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