North Dakota Chapter 7 Means
Test Calculator

The Chapter 7 means test determines whether your household income is low enough to file for Chapter 7 bankruptcy in North Dakota. Created by the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), the test compares your average monthly income over the past six months to the median income for a household of your size in North Dakota.

If your income falls below the North Dakota median, you automatically qualify for Chapter 7 without further analysis.

North Dakota bankruptcy cases are filed in the District of North Dakota District of North Dakota. The Chapter 7 filing fee is $338, which can be paid in installments or waived for filers below 150% of the federal poverty guidelines.

North Dakota has a lower-than-average bankruptcy filing rate compared to other states, though thousands of residents still file each year.

Successfully passing the means test and receiving a Chapter 7 discharge eliminates most unsecured debts — credit cards, medical bills, personal loans, and utility arrears — typically within 3 to 6 months of filing. However, certain debts survive bankruptcy: student loans (absent undue hardship), recent tax obligations, domestic support obligations (child support and alimony), and debts arising from fraud or willful injury.

Key statutory reference: N.D.C.C. § 30.1-18-19.

North Dakota bankruptcy cases are filed in the District of North Dakota (Quentin N. Burdick U.S.

Courthouse, Fargo; also Bismarck). The U.S.

Trustee's office in Minneapolis (Region 12) handles North Dakota trustee oversight. North Dakota has opted out of federal exemptions.

North Dakota's $100,000 homestead exemption is reasonable for a state where rural land values vary widely. North Dakota's $7,500 wildcard exemption is among the most generous in the Plains states.

North Dakota imposes a state income tax (graduated up to 2.5% as of 2024); state income tax debts for returns filed 3+ years pre-petition are generally dischargeable. North Dakota's Chapter 7 filing rate is one of the lowest nationally, historically reflecting full employment driven by oil production in the Bakken shale formation.

The U.S. Trustee Program publishes updated median income figures that determine whether you pass the Chapter 7 means test in North Dakota.

For the current period, the North Dakota median income thresholds are: $56,880 for a 1-person household, $72,096 for a 2-person household, $82,464 for a 3-person household, and $97,536 for a 4-person household. For each additional household member beyond four, add approximately $9,900 to the 4-person figure.

These figures represent annualized gross income — meaning all income received in the six calendar months before filing, doubled. Income includes wages, salary, tips, overtime, bonuses, self-employment income, rental income, pension distributions, unemployment benefits, and contributions from non-filing household members.

Social Security retirement and disability benefits are excluded from the calculation in most courts, which can significantly help retirees qualify.

North Dakota's median income thresholds fall near the national midpoint, providing a reasonable baseline for determining Chapter 7 eligibility relative to the state's cost of living.

Use this North Dakota Chapter 7 means test calculator to estimate whether household income is below the North Dakota median income or whether the full Chapter 7 means test expense calculation is required before bankruptcy filing. Enter every source of gross income received during the six full calendar months before the Chapter 7 filing month, then identify household size, North Dakota county, secured debt payments (mortgage, car loan), unsecured debt totals (credit cards, medical bills, personal loans), priority debts, health insurance premiums, taxes, child care costs, domestic support payments, and unusual medical or employment expenses.

Those inputs feed both the Chapter 7 means test screen and the deeper Chapter 13 disposable-income calculation the bankruptcy trustee will run against your bankruptcy filing.

The Chapter 7 means test calculator is strongest when the income window is exact. A North Dakota Chapter 7 bankruptcy filing in June looks at December through May income; a Chapter 7 filing in July looks at January through June income.

If a bonus, overtime month, severance payment, or business distribution falls out of the six-month window by waiting a few weeks, the North Dakota means test result can change enough to flip the household from above-median to below-median — which is the difference between an automatic Chapter 7 means test pass and a full Form 122A-2 expense test before the bankruptcy court will allow Chapter 7 debt discharge instead of routing the case into Chapter 13.

If the first screen lands above the North Dakota median income, do not assume Chapter 7 bankruptcy is impossible. The second Chapter 7 means test calculation applies IRS local standards, secured debt deductions (mortgage on exempt property protected by the North Dakota homestead exemption, vehicle loan), priority tax and support deductions, health insurance, child care, and other allowed expenses before the bankruptcy trustee decides whether you qualify for Chapter 7 debt discharge or whether Chapter 13 is the right path.

Compare the Chapter 7 result with Chapter 13 before filing, especially when a home protected by the North Dakota homestead exemption, a vehicle, a tax refund, or any non-exempt property is at risk in the bankruptcy filing — a bankruptcy attorney can quickly model both Chapter 7 and Chapter 13 against your North Dakota exempt property schedule before you commit to a chapter.

Earning above the North Dakota median income does not automatically disqualify you from Chapter 7 — it simply triggers the second part of the means test. In this phase, you subtract IRS-standardized living expenses from your current monthly income to determine your "disposable income." If your monthly disposable income is below $167.08 (approximately $10,025 over 60 months), you still pass the means test and can file Chapter 7.

The IRS expense standards used in the means test include national standards for food, clothing, personal care, and miscellaneous expenses; local standards for housing and utilities based on your North Dakota county; and local standards for transportation. You also deduct actual secured debt payments (mortgage, car loan), priority debt payments (back taxes, domestic support), mandatory payroll deductions (taxes, Social Security, health insurance), and certain other allowable expenses like child care, health care beyond insurance, and court-ordered payments.

Many above-median filers in North Dakota still qualify for Chapter 7 after deductions. Homeowners with significant mortgage payments, families with high medical costs, and filers with substantial student loan payments often find their disposable income drops below the threshold.

A bankruptcy attorney can run a preliminary means test calculation to determine whether you'll pass before you commit to filing.

For a more reliable North Dakota Chapter 7 means test calculator result, separate your six-month income from your monthly budget. The means test looks backward at income received before filing, then applies forward-looking deductions.

Mixing those two time periods is one of the most common reasons a self-run calculation looks different from an attorney's Form 122A review.

If your income recently changed because of a layoff, overtime cut, medical leave, divorce, or business slowdown, filing date matters. Waiting one or two months can remove a high-income month from the six-month average, while filing too soon can make the calculator overstate your current ability to repay debts.

A North Dakota means test calculator is a planning tool, but the bankruptcy case is decided from the official bankruptcy forms filed with the bankruptcy court. Form 122A-1 is the first bankruptcy form.

It reports current monthly income, household size, household income, and the income limit for North Dakota. If income exceeds the median, Form 122A-2 performs the full Chapter 7 means test calculation.

For Form 122A-1, use the average monthly income received during the six full calendar months before the month of filing. Include gross income before payroll deductions, regular contributions from other household members, unemployment, rental income, pension income, and other recurring income.

Social Security benefits are generally excluded from means test calculations, and some filers with primarily business debts may be exempt from the means test because their debt is not primarily consumer debt.

For Form 122A-2, above-median North Dakota filers enter allowable expenses, secured debt payments, priority tax or support obligations, health insurance, child care, and other deductions recognized by the Bankruptcy Code. The goal is to estimate disposable income and determine whether the debtor can repay unsecured debt in Chapter 13 bankruptcy rather than receive a Chapter 7 discharge.

Keep income and expense information organized before you file for bankruptcy: pay stubs, bank statements, profit-and-loss records, mortgage or rent records, vehicle loan statements, tax returns, support orders, insurance premiums, medical expenses, and a creditor list. A bankruptcy attorney can check whether you qualify for Chapter 7 bankruptcy, whether you pass the means test, and whether debt settlement or Chapter 13 is a more realistic debt relief strategy.

North Dakota has opted out of the federal bankruptcy exemptions, meaning filers must use North Dakota's state exemption system to protect their property in Chapter 7. This is an important distinction — approximately two-thirds of states have opted out, each creating their own exemption framework.

Under North Dakota's exemption system, the homestead exemption protects $100,000 of equity in your primary residence. The vehicle exemption covers $1,200.

North Dakota also provides a wildcard exemption of $7,500 that can be applied to any property. Retirement accounts (401(k), IRA, pension) are fully exempt under federal law regardless of state exemptions, with traditional and Roth IRAs protected up to approximately $1.5 million.

North Dakota's homestead exemption of $100,000 is relatively modest compared to states like Florida and Texas, which offer unlimited homestead protection. Homeowners with significant equity may want to consult an attorney about whether Chapter 13 would better protect their home.

Filing Chapter 7 in North Dakota requires completing the means test (Official Forms 122A-1 and 122A-2), gathering financial documentation, taking a credit counseling course from an approved agency, and submitting the bankruptcy petition to the District of North Dakota District of North Dakota Bankruptcy Court (or the applicable district). The filing fee is $338.

Required documents include 6 months of pay stubs, the most recent tax return, bank statements, a list of all debts, and a complete inventory of assets and property.

Within 30 to 45 days of filing, you will attend a Meeting of Creditors (341 meeting) where the Chapter 7 trustee and any attending creditors can ask questions about your financial situation and petition. In practice, most 341 meetings in North Dakota last 5 to 10 minutes and creditors rarely appear for consumer bankruptcy cases.

You must bring a government-issued photo ID and proof of Social Security number. After the meeting, you must complete a financial management course (debtor education) before the court will issue your discharge.

The typical Chapter 7 case in North Dakota takes 3 to 6 months from filing to discharge. Most consumer Chapter 7 cases are "no-asset" cases, meaning the trustee determines that all of the debtor's property is exempt and there is nothing to distribute to creditors.

In asset cases — where the debtor owns non-exempt property — the process takes longer as the trustee liquidates non-exempt assets and distributes proceeds. An experienced North Dakota bankruptcy attorney can usually predict whether a case will be no-asset before filing.

Before relying on any bankruptcy calculator, collect pay stubs, bank statements, tax returns, vehicle loan statements, mortgage or rent records, health insurance costs, child care bills, support orders, and documentation for unusual medical or employment expenses. Those records determine whether the calculator should use below-median treatment, above-median deductions, or a Chapter 13 comparison.

If you don't pass the Chapter 7 means test in North Dakota, Chapter 13 bankruptcy offers an alternative path to debt relief. Chapter 13 allows you to keep all of your property while repaying a portion of your debts through a 3- to 5-year payment plan.

The plan duration depends on income: filers below the North Dakota median income qualify for a 3-year plan, while above-median filers must commit to 5 years. At the end of the plan, remaining eligible unsecured debts are discharged.

Chapter 13 may be preferable to Chapter 7 in North Dakota even if you pass the means test in certain situations: if you're behind on mortgage payments and want to cure the arrears over the plan period; if you have non-exempt property you want to keep (you can protect it by paying its value to creditors through the plan); if you have debts that cannot be discharged in Chapter 7 (such as certain tax obligations); or if you received a Chapter 7 discharge within the past 8 years.

Before filing any bankruptcy in North Dakota, consider alternatives such as debt negotiation or settlement, credit counseling and debt management plans, and state law remedies that may protect income and property from creditors. North Dakota's wage garnishment limits, bank account exemptions, and other debtor protections may provide sufficient relief without bankruptcy.

The pre-filing credit counseling requirement ensures that every filer has explored these alternatives with a certified counselor before proceeding.

The decision between Chapter 7 and Chapter 13 in North Dakota comes down to three factors: the means test threshold, how your household income compares to the North Dakota median income ($56,880 for a 1-person household, $97,536 for a family of four in 2026), and your ability to repay unsecured debt over time. Filers below the North Dakota median income usually default to Chapter 7; filers above the median often end up in Chapter 13 unless allowed expenses bring disposable income under the threshold.

The bankruptcy trustee plays different roles in each chapter. A Chapter 7 trustee liquidates non-exempt property and uses the proceeds to pay creditors, then the bankruptcy court issues a debt discharge in 3–6 months.

A Chapter 13 trustee administers a 3- to 5-year repayment plan, collecting your monthly payment and distributing it among creditors before discharge. North Dakota bankruptcy filings go through the District of North Dakota District of North Dakota, and a bankruptcy attorney typically charges $1,000–$2,500 for Chapter 7 and $3,500–$6,000 for Chapter 13 in North Dakota.

Exempt property in North Dakota determines what you keep. The North Dakota homestead exemption protects $100,000 of equity in your primary residence; the vehicle exemption covers $1,200; retirement accounts are fully protected under federal law.

Secured debt (mortgage, car loan) survives Chapter 7 unless you surrender the collateral — you keep paying or you lose the asset. Unsecured debt (credit cards, medical bills, personal loans) is the category that actually gets discharged in Chapter 7 or partially repaid in Chapter 13.

North Dakota has opted out of the federal exemption system, so North Dakota state exemptions are mandatory.

If you qualify for Chapter 7 under the means test, the North Dakota Bankruptcy Exemption Calculator shows exactly which assets you can keep. If Chapter 7 isn't available, the North Dakota Chapter 13 Payment Plan Calculator estimates your monthly repayment obligation.

And if protecting your home equity is the priority, the North Dakota Homestead Exemption Calculator covers North Dakota's specific exemption amount and any acreage or residency limits.