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Bankruptcy in Montana (2026): Exemptions & Means Test

Independently fact-checked against primary sources (last audited August 16, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 9, 2026. · 6 primary sources cited on this page. How we verify our legal content

Bankruptcy in Montana (2026): Exemptions & Means Test

Updates

Clarified that income at or below the state median means the presumption of abuse does not arise under the Chapter 7 means test, not that a filer qualifies for Chapter 7.

Repointed the Chapter 7 means-test income figures to the current U.S. Trustee table for cases filed on or after July 15, 2026 (the Montana amounts are unchanged), and removed a projected 2027 homestead dollar figure that did not follow from the statute 4 percent annual formula and that the Department of Revenue has not yet set by rule.

Repointed the homestead-limit citation to the governing statute.

Independently fact-checked against the cited primary sources

Governing law re-checked for recent changes

Corrected the Montana tools-of-the-trade bankruptcy exemption from $3,000 to the statute's actual $4,500 under MCA 25-13-609(3).

Governing law re-checked for recent changes

Reviewed and approved by an editor

Sources and References

  1. MCA 70-32-104, Montana homestead value limit ($350,000 base in 2021, +4% per calendar year; set by Department of Revenue rule)(mca.legmt.gov).gov
  2. MCA 25-13-609, Montana personal-property exemptions (motor vehicle $4,000, household goods $7,000 aggregate / $1,250 per item, tools of trade $4,500)(mca.legmt.gov).gov
  3. MCA 31-2-106, Montana opt-out of the federal 11 U.S.C. 522(d) exemptions(mca.legmt.gov).gov
  4. MCA 70-32-104 - Homestead value limit ($350,000 in 2021, increasing 4% each calendar year; DOR sets the figure by rule)(mca.legmt.gov).gov
  5. U.S. Trustee Program, Census Bureau Median Family Income by family size, cases filed on or after April 1, 2026(justice.gov).gov
  6. 11 U.S.C. 522, exemptions, including the state opt-out authority in 522(b) and federal nonbankruptcy exemptions in 522(b)(3)(law.cornell.edu)
  7. U.S. Bankruptcy Court for the District of Montana (Butte, Billings, Great Falls, Missoula, Helena)(mtb.uscourts.gov).gov
  8. U.S. Trustee Program, Census Bureau Median Family Income by family size, cases filed on or after July 15, 2026 (Montana: $71,310 / $91,452 / $103,285 / $121,698, add $11,100 per additional person)(justice.gov)
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