North Dakota
Bankruptcy in North Dakota (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 16, 2026. · 4 primary sources cited on this page. How we verify our legal content
Bankruptcy is a federal legal process, but what you can keep when you file depends heavily on North Dakota law. North Dakota has opted out of the federal bankruptcy exemptions, so filers whose exemptions are governed by state law must use the North Dakota exemption system rather than the federal list. This page explains North Dakota's opt-out status, its homestead and other property exemptions, the Chapter 7 means test using current state income figures, and where North Dakota residents file. It is general legal information, not legal advice.
Information last verified on June 23, 2026. Exemption amounts and means-test income figures change periodically; confirm current amounts before relying on them.
Scope: This article explains how North Dakota exemptions and the federal means test apply to consumer bankruptcy. It is general legal information, not legal advice, and not a substitute for consulting a North Dakota bankruptcy attorney about your situation.
Does North Dakota Use State or Federal Bankruptcy Exemptions?
North Dakota has opted out of the federal bankruptcy exemptions. Under 11 U.S.C. 522(b)(2) and N.D.C.C. 28-22-17, residents are not entitled to the federal exemptions in 11 U.S.C. 522(d) and must claim the exemptions allowed by North Dakota law.
The federal Bankruptcy Code lets each state decide whether its residents may choose the federal exemption list. North Dakota is one of roughly 35 states that opted out. Section 28-22-17 of the North Dakota Century Code, titled "Nonavailability of federal bankruptcy exemptions," states that residents "are not entitled to the federal exemptions" and "are limited to claiming those exemptions allowable by North Dakota law." Certain federal nonbankruptcy exemptions, such as Social Security, still apply.
Which state's exemptions apply also depends on a residency rule. The Bankruptcy Code generally requires that you have been domiciled in a state for the 730 days (two years) before filing for that state's exemptions to apply. People who moved recently may have to use the exemptions of a prior state. Confirm your residency history with an attorney before assuming North Dakota rules apply.
The North Dakota Homestead Exemption
North Dakota protects up to $150,000 of equity in a home, over and above liens and encumbrances. The legislature raised this amount from $100,000 effective July 1, 2023 (N.D.C.C. 47-18-01).
The homestead exemption is set in N.D.C.C. 47-18-01. It protects the land on which you reside and the dwelling on it, with improvements and appurtenances, "the total not to exceed one hundred fifty thousand dollars in value, over and above liens or encumbrances or both." That $150,000 figure reflects a 2023 increase; the prior cap was $100,000, so older guides may understate the protection. The statute also requires that any tracts claimed be contiguous.
There are limits. The homestead does not stop a forced sale for purchase-money debt on the home, for property taxes, or for mechanics', construction, or laborers' liens for work or materials used to improve the property (N.D.C.C. 47-18-04). A voluntary mortgage signed by both spouses, or by an unmarried owner, is also enforceable. Spouses cannot stack two homestead exemptions on the same property.
A separate federal rule can override the state amount for recently acquired homes. Under 11 U.S.C. 522(p), a debtor cannot exempt more than $214,000 in homestead value acquired during the 1,215 days (about 40 months) before filing, for cases filed between April 1, 2025 and March 31, 2028. Because North Dakota's homestead cap is below that federal ceiling, the 522(p) limit rarely binds here, but the date you acquired your equity can still matter in larger cases.
Vehicle, Personal Property, Wages, and Other Exemptions
North Dakota's alternative exemptions include a motor vehicle up to $10,000, tools of the trade up to $10,000, and up to $25,000 of any property in lieu of the homestead, but these are not available to a debtor who claims the homestead exemption (N.D.C.C. 28-22-03.1).
North Dakota's exemption scheme has two layers. First are the "absolute" exemptions in N.D.C.C. 28-22-02, available to a head of family, which include the homestead, clothing up to $5,000, family pictures and Bibles, a burial plot, food and fuel for one year, and crops grown on up to 160 acres of the debtor's home tract.
Second are additional and alternative exemptions. A head of family may select up to $7,500 of any other personal property under N.D.C.C. 28-22-03, and an unmarried person without dependents may select up to $3,750 under N.D.C.C. 28-22-05. These function like a wildcard but cannot be applied to a real estate interest. Separately, N.D.C.C. 28-22-03.1 offers a set of alternative exemptions, including up to $25,000 of any property in lieu of the homestead, a motor vehicle up to $10,000 (or up to $50,000 for a vehicle modified at least $1,500 for an owner's disability), and tools or professional books of the trade up to $10,000. A key catch is that the 28-22-03.1 alternatives are not available if the debtor, spouse, or other head of the family has claimed the homestead exemption, so filers generally choose one path or the other.
Wages are protected through North Dakota's garnishment limits in N.D.C.C. 32-09.1, which generally shield the greater of 75% of disposable earnings or an amount tied to the federal minimum wage, with additional protection for dependents. Retirement funds in qualified accounts are exempt up to $200,000 per account, or $400,000 in aggregate, with that cap lifted to the extent reasonably necessary for support (N.D.C.C. 28-22-03.1(7)).
The Chapter 7 Means Test in North Dakota
For cases filed on or after April 1, 2026, the North Dakota median family income is $73,549 for 1 earner, $96,352 for 2, $106,686 for 3, and $137,817 for a family of 4. The U.S. Trustee Program updates these figures about twice a year (justice.gov/ust).
The means test decides whether a Chapter 7 filing is presumed abusive. It starts by comparing your household's current monthly income, annualized, to the median family income for a North Dakota household of your size. If your income is at or below the North Dakota median, there is no presumption of abuse and you do not need to complete Form 122A-2, but that alone does not make you eligible for Chapter 7. If it is above the median, you complete a second part of the test that subtracts allowed expenses to see whether you have meaningful disposable income; if you do, Chapter 7 may be presumed abusive and Chapter 13 may be the path instead.
The current North Dakota median family income figures published by the U.S. Trustee Program, for cases filed on or after April 1, 2026, are:
| Household size | North Dakota median annual income |
|---|---|
| 1 earner | $73,549 |
| 2 people | $96,352 |
| 3 people | $106,686 |
| 4 people | $137,817 |
For households larger than four, the U.S. Trustee Program adds $11,100 per additional person. These figures are derived from Census Bureau data and are revised roughly twice a year, typically in spring and fall, so always confirm the current numbers for your filing date.
Chapter 7 vs. Chapter 13 and the Automatic Stay
Chapter 7 discharges most unsecured debts after a trustee liquidates any nonexempt property; Chapter 13 keeps your property in exchange for a three-to-five-year repayment plan. Both trigger the automatic stay, which immediately halts most collection, foreclosure, and garnishment.
Chapter 7 is a liquidation. A trustee can sell property that is not protected by an exemption and distribute the proceeds to creditors, then most remaining unsecured debts are discharged, usually within a few months. Because North Dakota's homestead and personal-property exemptions cover meaningful equity, many filers keep all or nearly all of their property in Chapter 7.
Chapter 13 is a reorganization for people with regular income who want to catch up on a mortgage or car loan, who have nonexempt assets they want to keep, or whose means-test calculation raises a presumption of abuse in Chapter 7. You repay some or all of your debts through a court-approved plan lasting three to five years, and you receive a discharge when you complete it.
The moment you file either chapter, the automatic stay under 11 U.S.C. 362 takes effect. It stops most collection calls, lawsuits, wage garnishment, and foreclosure or repossession activity while your case proceeds. The stay is one of the most powerful immediate effects of filing, though some obligations, such as certain domestic-support actions, are not stayed.
Where North Dakota Residents File
North Dakota bankruptcy cases are filed in the U.S. Bankruptcy Court for the District of North Dakota, a single statewide district.
All federal bankruptcy filings for the state go to the single U.S. Bankruptcy Court for the District of North Dakota. The court handles cases for the entire state. Before filing, you must complete a credit-counseling course from an approved provider, and before discharge, a debtor-education course.
What Bankruptcy Can and Cannot Do
Bankruptcy discharges most unsecured debts such as credit cards and medical bills, but it generally does not erase most student loans, recent income taxes, child support, or alimony.
A discharge wipes out personal liability for most general unsecured debts, including credit cards, medical bills, and many personal loans. It does not eliminate most student loans (absent a separate showing of undue hardship), recent income tax debts, domestic-support obligations like child support and alimony, most government fines, or debts from fraud. Secured debts like a mortgage or car loan can be discharged as a personal obligation, but the lender keeps its lien, so you must keep paying if you want to keep the collateral.
Since filers generally pick either the homestead or the alternative exemptions, have a North Dakota attorney run that choice and the means test in a free bankruptcy evaluation before you file (attorney advertising). The figures on this page were verified in June 2026 and should be confirmed against the current statutes and U.S. Trustee Program tables.
This is general legal information, not legal advice. Exemption statutes and means-test income figures change; the amounts here were verified in June 2026. Confirm current figures and how they apply to you with a licensed North Dakota bankruptcy attorney.
Related articles
Frequently Asked Questions
Does North Dakota use state or federal bankruptcy exemptions?
North Dakota has opted out of the federal bankruptcy exemptions under 11 U.S.C. 522(b)(2) and N.D.C.C. 28-22-17. Filers whose exemptions are governed by North Dakota law generally must use the North Dakota exemption list rather than the federal exemptions in 11 U.S.C. 522(d), though certain federal nonbankruptcy exemptions like Social Security still apply.
What is the homestead exemption in North Dakota?
North Dakota protects up to $150,000 of equity in a home, over and above liens (N.D.C.C. 47-18-01). The legislature raised this amount from $100,000 effective July 1, 2023, so older guides may understate it. A debtor who claims the homestead generally cannot also claim the alternative exemptions in N.D.C.C. 28-22-03.1.
What is the North Dakota median income for the means test?
For cases filed on or after April 1, 2026, the U.S. Trustee Program lists the North Dakota median family income as $73,549 for 1 earner, $96,352 for 2 people, $106,686 for 3 people, and $137,817 for a family of 4, plus $11,100 for each additional person. These figures are updated about twice a year, so confirm the current numbers for your filing date.
Will I lose my house or car if I file bankruptcy in North Dakota?
Often no. North Dakota's $150,000 homestead exemption and its alternative motor-vehicle exemption of up to $10,000 let many filers keep their home and car in Chapter 7, as long as equity falls within the limits and any mortgage or car loan stays current. Note that the homestead and the 28-22-03.1 alternatives generally cannot be combined. Outcomes depend on your specific equity, debts, and filing chapter, so consult an attorney.
Does North Dakota have a wildcard exemption?
In effect, yes. A head of family may exempt up to $7,500 of any personal property under N.D.C.C. 28-22-03, and an unmarried person without dependents up to $3,750 under N.D.C.C. 28-22-05. A separate $25,000 'in lieu of homestead' exemption in N.D.C.C. 28-22-03.1 can cover any property but is unavailable if the homestead is claimed. None of these can be applied to a real estate interest beyond the in-lieu option.
Where do I file bankruptcy in North Dakota?
All North Dakota bankruptcy cases are filed in the U.S. Bankruptcy Court for the District of North Dakota, a single statewide district that serves the entire state. You must complete approved credit-counseling before filing and a debtor-education course before discharge.
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.
Corrected the in-lieu-of-homestead exemption amount to $25,000.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
North Dakota Century Code
§ 28-22-17Nonavailability of federal bankruptcy exemptionsIn force
In accordance with the provisions of section 522(b) of the Bankruptcy Reform Act of 1978 [Pub. L. 95-598; 92 Stat. 2586; 11 U.S.C. 522(b)], residents of this state are not entitled to the federal exemptions provided in section 522(d) of the Bankruptcy Reform Act of 1978. The residents of this state are limited to claiming those exemptions allowable by North Dakota law.
Official text (excerpt) · last checked 2026-09-06 · Read the full text in our law library · Verify at ndlegis.gov
§ 47-18-01Homestead exemption - Area and valueIn forcecited in 2 of our articles
The homestead of any individual, whether married or unmarried, residing in this state consists of the land upon which the claimant resides, and the dwelling house on that land in which the homestead claimant resides, with all its appurtenances, and all other improvements on the land, the total not to exceed one hundred fifty thousand dollars in value, over and above liens or encumbrances or both. The homestead shall be exempt from judgment lien and from execution or forced sale, except as otherwise provided in this chapter. The homestead may not embrace different lots or tracts of land unless the lots or tracts of land are contiguous. For purposes of this section, "contiguous" means two or more tracts of real property which share a common point or which would share a common point but for an intervening road or right of way.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
Cited in 21 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Malloy, et al. v. Behrens (North Dakota Supreme Court 2024, 2024 ND 199)“…be—from “judgment lien and from execution or forced sale.” N.D.C.C. § 47-18-01. Thus, animating events under the statu…”
- Anderson v. Kaler (In Re Anderson) (North Dakota Supreme Court 2019, 932 N.W.2d 506)“…ted, to secure a debtor’s essential shelter from creditors. N.D.C.C. § 47-18-01; Farstveet v. Rudolph, 2000 ND 189, ¶ 1…”
- Johnson Farms v. McEnroe (North Dakota Supreme Court 1997, 568 N.W.2d 920)“…rceable and she was entitled to a homestead exemption under N.D.C.C. § 47-18-01. Johnson Farms responded, asserting the…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: North Dakota Homestead Exemption: Credits, Deadlines and How to Apply
§ 28-22-03.1Additional exemptions for residentsIn forcecited in 2 of our articles
In addition to the exemptions from all attachment or process, levy and sale upon execution, and any other final process issued from any court, otherwise provided by law, a resident of the state may select: In lieu of the homestead exemption, up to twenty-five thousand dollars. This exemption is not available if the resident exemption claimant, the spouse of the resident exemption claimant, or other head of the family of the resident exemption claimant has chosen the homestead exemption provided for under subsection 7 of section 28-22-02. A motor vehicle exemption in one vehicle not to exceed ten thousand dollars in value over security interests and liens upon that vehicle, or a motor vehicle exemption in one vehicle not to exceed fifty thousand dollars for a motor vehicle that has been modified at a cost of not less than one thousand five hundred dollars to accommodate an individual with a permanent physical disability who is the owner of that motor vehicle. The debtor's aggregate interest, not to exceed ten thousand dollars in value, in any tools, implements, or professional books of the trade of the debtor or the trade of a dependent of the debtor.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
Cited in 21 court opinions in our collectionLatest citing opinion in our collection: 2015
Opinions citing this section in our collection:
- Chapman v. Wells (North Dakota Supreme Court 1996, 557 N.W.2d 725)“…y changed when it was rolled over into an IRA. Under N.D.C.C. § 28-22-03.1: “In addition to the exemptions…”
- Olson v. Olson (North Dakota Supreme Court 1989, 445 N.W.2d 1)“…f 1987 N.D. Session Laws also repealed then subsection 3 of NDCC 28-22-03.1 on "exemptions from all attachment or p…”
- Zander v. Zander (North Dakota Supreme Court 1991, 470 N.W.2d 603)“…child support, or a qualified domestic relations order...." NDCC 28-22-03.1(3). See also Employee Retirement Inco…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 28-22-02Absolute exemptionIn force
The property mentioned in this section is absolutely exempt from all process, levy, or sale: All family pictures. A pew or other sitting in any house of worship. A lot or lots in any burial ground. One family Bible or other family primary religious text and all schoolbooks used by the family and all other books used as a part of the family library. All wearing apparel, not exceeding five thousand dollars in value, and all clothing of the debtor and the debtor's family. The in-kind provisions for the debtor and the debtor's family necessary for one year's supply, either provided or growing, or both, and in-kind fuel necessary for heating the debtor's home or operating the debtor's motor vehicle for one year. The homestead as created, defined, and limited by law.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
Cited in 22 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- Friedt v. Moseanko (North Dakota Supreme Court 1993, 498 N.W.2d 129)“…absolute exemptions “to a value of $25,000.00 [sic]”, under NDCC 28-22-02, including “crops and grain grown on 16…”
- Jordet v. Jordet (North Dakota Supreme Court 2012, 823 N.W.2d 512)“…pport proceeds to the status of an absolute exemption under N.D.C.C. § 28-22-02. Although N.D.C.C. § 28-22-03.1(8)(d)…”
- Tarnavsky v. Rankin (North Dakota Supreme Court 2009, 2009 N.D. 149)“…ptions” under “NDCC 28 — 22—02(1)—(7), (9)-(10), especially NDCC 28-22-02(5), provisions and fuel necessary for o…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 28-22-03Additional exemption for head of a familyIn force
In addition to the absolute exemptions mentioned in section 28-22-02, except in subsection 8 thereof, the head of a family, personally or by that person's agent, may select from that person's other personal property, any goods, chattels, merchandise, money, and other personal property not exceeding in value the sum of seven thousand five hundred dollars, which also is exempt from all attachment or mesne process, levy and sale upon execution, and any other final process issued from any court. The exemption under this section may not be used to exempt a real estate interest of any kind.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
Cited in 7 court opinions in our collectionLatest citing opinion in our collection: 1998
Opinions citing this section in our collection:
- Armstrong v. Harris (In re Harris) (Court of Appeals for the Eighth Circuit 1989, 886 F.2d 1011)“…sought to exempt $7,860 of the rental proceeds pursuant to N.D.Cent.Code §§ 28-22-03 and 28-22-03.1 (Supp.1989). 1 The trus…”
- In Re Hankel (United States Bankruptcy Court, D. North Dakota 1998, 223 B.R. 728)“…l himself of the “head of family” exemption available under N.D. Cent.Code § 28-22-03. Secondary objections are also m…”
- In Re Schmidt (United States Bankruptcy Court, D. North Dakota 1984, 38 B.R. 380)“…yment-In-Kind Contract as an exemption was made pursuant to N.D.C.C. § 28-22-03.-1(1). Section 28-22-03.1(1) of the Nor…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 28-22-05Exemptions of an unmarried person without dependentsIn force
In addition to the absolute exemptions mentioned in section 28-22-02, except in subsection 8 thereof, an unmarried person without any dependents, in person or by that person's agent, may select from that person's other personal property, goods, chattels, merchandise, money, or other personal property not exceeding in value the sum of three thousand seven hundred fifty dollars, which is exempt.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
§ 47-18-04When homestead subject to executionIn force
A homestead is subject to execution or forced sale in satisfaction of judgments obtained in the following cases: On debts secured by mechanics', construction, or laborers' liens for work or labor done or performed or material furnished exclusively for the improvement of the same. On debts secured by mortgage on the premises executed and acknowledged by both husband and wife, or an unmarried claimant. On debts created for the purchase thereof and for all taxes accruing and levied thereon. On all other debts when, upon an appraisal as provided by section 47-18-06, it appears that the value of the homestead is more than one hundred fifty thousand dollars over and above liens or encumbrances on the homestead, and then only to the extent of any value in excess of the sum total of the liens and encumbrances plus said one hundred fifty thousand dollars.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
Cited in 8 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- Farstveet v. Rudolph (North Dakota Supreme Court 2001, 630 N.W.2d 24)“…e, then the mortgagor may resort to the homestead property. N.D.C.C. § 47-18-04.…”
- Tarnavsky v. Rankin (North Dakota Supreme Court 2009, 2009 N.D. 149)“…exemption under N.D.C.C. § 47-18-05.1(1). See N.D.C.C. § 47-18-04. Tarnavsky’s other claimed exemptions w…”
- Lake Region Credit Union v. Crystal Pure Water, Inc. (North Dakota Supreme Court 1993, 502 N.W.2d 524)“…n Article XI, § 22 does not preclude a ‘wholesome law’ like NDCC 47-18-04 permitting the enforcement of a mortgag…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
United States Code Title 11
§ 522ExemptionsIn forcecited in 54 of our articles
In this section— “dependent” includes spouse, whether or not actually dependent; and “value” means fair market value as of the date of the filing of the petition or, with respect to property that becomes property of the estate after such date, as of the date such property becomes property of the estate. Notwithstanding section 541 of this title, an individual debtor may exempt from property of the estate the property listed in either paragraph (2) or, in the alternative, paragraph (3) of this subsection. In joint cases filed under section 302 of this title and individual cases filed under section 301 or 303 of this title by or against debtors who are husband and wife, and whose estates are ordered to be jointly administered under Rule 1015(b) of the Federal Rules of Bankruptcy Procedure, one debtor may not elect to exempt property listed in paragraph (2) and the other debtor elect to exempt property listed in paragraph (3) of this subsection. If the parties cannot agree on the alternative to be elected, they shall be deemed to elect paragraph (2), where such election is permitted under the law of the jurisdiction where the case is filed.
Official text (excerpt) · last checked 2026-09-16 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 7,574 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Taylor v. Freeland & Kronz (1992) held that a trustee who does not object within the 30-day period cannot later challenge an exemption claimed under 522(l), even one with no statutory basis. Owen v. Owen (1991) held that 522(f) lien avoidance is not defeated by a state exemption written to exclude lien-encumbered property.
Opinions citing this section in our collection:
- Taylor v. Freeland & Kronz (Supreme Court of the United States 1992, 503 U.S. 638)✓A Chapter 7 debtor listed the entire proceeds of her TWA discrimination suit as exempt and the trustee let the 30-day objection window lapse; the Court held that under § 522(l) the property is exempt once no one objects, even absent a colorable statutory basis.
- Patterson v. Shumate (Supreme Court of the United States 1992, 504 U.S. 753)✓A debtor's $250,000 ERISA pension interest was excluded from his estate under § 541(c)(2); answering a surplusage argument, the Court read § 522(d)(10)(E) as exempting a broader set of plans, and expressly declined to decide whether § 522(b)(2)(A) also applied.
- Owen v. Owen (Supreme Court of the United States 1991, 500 U.S. 305)✓An ex-wife's judgment lien attached to a Florida condo before state law made it a homestead; the Court held § 522(f) measures impairment against the exemption the debtor would have had but for the lien, so Florida's carve-out for prior liens did not defeat avoidance.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Bankruptcy Laws by State (2026): Exemptions & Means Test, Bankruptcy in Alabama (2026): Exemptions & Means Test, Bankruptcy in Alaska (2026): Exemptions & Means Test
§ 362Automatic stayIn forcecited in 54 of our articles
Except as provided in subsection (b) of this section, a petition filed under section 301, 302, or 303 of this title, or an application filed under section 5(a)(3) of the Securities Investor Protection Act of 1970, operates as a stay, applicable to all entities, of— the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this title, or to recover a claim against the debtor that arose before the commencement of the case under this title; the enforcement, against the debtor or against property of the estate, of a judgment obtained before the commencement of the case under this title; any act to obtain possession of property of the estate or of property from the estate or to exercise control over property of the estate; any act to create, perfect, or enforce any lien against property of the estate; any act to create, perfect, or enforce against property of the debtor any lien to the extent that such lien secures a claim that arose before the commencement of the case under this title; any act to…
Official text (excerpt) · last checked 2026-09-16 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 19,606 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd. (1988) held that an undersecured creditor gets no interest as adequate protection under 362(d)(1) for delay caused by the stay. NLRB v. Bildisco & Bildisco (1984) applied 362(a) in requiring claims be pursued through bankruptcy administration, not suit.
Opinions citing this section in our collection:
- Clinton v. Jones (Supreme Court of the United States 1997, 520 U.S. 681)“…ublic interests. Brief for Petitioner 34-36. See, e. g., 11 U. S. C. § 362 (litigation against debtor stayed upon…”
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd. (Supreme Court of the United States 1988, 484 U.S. 365)✓An undersecured lender on a Houston apartment project sought monthly payments as the price of continuing the § 362(a) automatic stay; the Court held that 'adequate protection' under § 362(d)(1) does not entitle it to interest for the delay in foreclosing on its collateral.
- Pennzoil Co. v. Texaco Inc. (Supreme Court of the United States 1987, 481 U.S. 1)“…if it were forced to file for bankruptcy under Chapter 11. 11 U. S. C. §362 . Texaco, or its successor in interest,…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Bankruptcy in Arizona (2026): Exemptions & Means Test, Bankruptcy in Arkansas (2026): Exemptions & Means Test, Bankruptcy in California (2026): Exemptions & Means Test
Explore the law
This article also draws on these acts and chapters (opening at their first section): North Dakota Century Code § 28-22-01 (Property exempt from all process)
Related law for further reading — not part of this article’s citations.
Sources and References
- N.D.C.C. 47-18-01 (homestead exemption, total not to exceed $150,000 in value over liens), North Dakota Legislative Branch(ndlegis.gov).gov
- N.D.C.C. Chapter 28-22 (exemptions: 28-22-17 opt-out; 28-22-02 absolute exemptions; 28-22-03 $7,500 head-of-family; 28-22-03.1 $25,000 in-lieu-of-homestead, $10,000 vehicle, $10,000 tools; 28-22-05 $3,750 single), North Dakota Legislative Branch(ndlegis.gov).gov
- Census Bureau Median Family Income by Family Size, cases filed on or after April 1, 2026 (North Dakota: 1=$73,549; 2=$96,352; 3=$106,686; 4=$137,817; add $11,100 per additional person), U.S. Trustee Program(justice.gov).gov
- 11 U.S.C. 522 (exemptions; opt-out under (b)(2); 1,215-day homestead cap of $214,000 under (p)), Cornell Legal Information Institute(law.cornell.edu)
- 11 U.S.C. 362 (the automatic stay), Cornell Legal Information Institute(law.cornell.edu)
- U.S. Bankruptcy Court for the District of North Dakota (single statewide district)(ndb.uscourts.gov).gov
Paid attorney referral. RecordingLaw may receive compensation when you use an attorney-help link. RecordingLaw is not a law firm. Submitting a request does not guarantee that an attorney will accept your case and does not create an attorney-client relationship.