How To File Bankruptcy for Free in Montana (2025 Guide)
You can file Chapter 7 bankruptcy in Montana without a lawyer if your case is straightforward. Gather required documents, complete two courses, and submit forms to the court. Montana exemptions protect your car, home, and personal property during the process.
Get Free ConsultationChapter 7 bankruptcy wipes out credit card bills, medical debt, and payday loans. You can file without a lawyer if your case is straightforward.
Many Montana residents file successfully without paying legal fees. You qualify for a fee waiver if your income falls below 150% of federal poverty guidelines.
File Chapter 7 Bankruptcy in Montana Today
Struggling with credit card debt, medical bills, or payday loans? Get a fresh start with Chapter 7 bankruptcy. Speak with a Montana bankruptcy attorney for free to see if you qualify for debt discharge.
Check Eligibility NowYou’ll need to gather documents, complete required courses, and submit forms to the court. Montana’s exemptions protect your car, home, and personal property during the process.
If you need help, speak with a bankruptcy attorney for free to discuss your options.
Complete These 10 Steps To File
1. Collect Your Montana Bankruptcy Documents
You need several documents before filing. Gather them early to avoid delays.
Required documents include:
- Last two years of tax returns
- Last 60 days of paycheck stubs
- Current bank statement
Helpful documents include:
- Bills and statements from creditors
- Letters from collection agencies
- Bank statements from the last 6-12 months
- Your credit report
Get free credit reports weekly from Experian, TransUnion, and Equifax. Compare your bills to your credit reports to create a complete creditor list. You need accurate contact information and debt amounts for your forms.
2. Take a Credit Counseling Course
You must complete credit counseling before filing. Choose a state-approved provider from the list on the Justice Department website.
Montana offers courses online or by phone. Course fees apply, but you can request a fee waiver if you can’t afford it.
After completing the course, you have 180 days to file. Keep your certificate handy to submit with your paperwork.
3. Complete the Bankruptcy Forms
Download free bankruptcy forms from USCOURTS.gov. All forms are fillable PDFs with federal instructions available.
Montana offers Electronic Self-Representation (eSR) for online filing. You get 45 days to complete and submit documents. You can only use this system once, so include all required forms.
Never leave questions blank. Write “none” or “not applicable” if a question doesn’t apply to you. Montana’s Local Bankruptcy Rule requires every line to be completed.
4. Get Your Filing Fee
The Chapter 7 filing fee is $338. You can request a fee waiver if your income is below 150% of federal poverty guidelines.
Montana Bankruptcy Court accepts money orders or cashier’s checks only. Make payments to “Clerk, U.S. Bankruptcy Court.” Cash requires exact change. Personal checks and credit cards aren’t accepted.
If you face wage garnishment or foreclosure, file quickly to trigger the automatic stay. You can make a down payment and pay the remaining fee in installments using Official Form 103A.
5. Print Your Bankruptcy Forms
If not using eSR, print your forms following these requirements:
- White letter-size (8.5″ x 11″) paper
- Black ink only
- One-sided printing
Print at local office supply stores, UPS stores, or public libraries if needed. Double-check printer settings before printing.
Montana requires special creditor matrix formatting:
- Courier font, 10 point or larger
- Each name and address limited to five lines
- Single space between entries
- Additional format requirements on court website
Print two copies: one for the court, one for your records.
6. File Your Forms With the Montana Bankruptcy Court
You can mail documents to the Butte bankruptcy court. Filing in person is better if you live nearby.
File at federal district courts in Billings, Great Falls, and Missoula. In-person filing avoids delays, and clerks may catch simple errors you can fix immediately.
You need government-issued ID to enter. No cell phones or electronic devices allowed inside. You’ll pass through a metal detector.
Montana’s eSR system allows electronic submission of most forms. You still must mail or deliver signed declarations and payment afterward.
7. Mail Documents to Your Trustee
After filing, you’ll receive an official notice listing:
- Your case number
- Your bankruptcy trustee’s contact information
- Date and time of your 341 meeting
Submit required documents to your trustee at least 14 days before the 341 meeting. You can email documents as PDFs.
Required documents include:
- Federal and state tax returns for at least two years
- Bank statements covering the month you filed
- Proof of home ownership and loans (if applicable)
- Proof of car ownership and loans
- Proof of IRAs, pension plans, and life insurance
- Proof of insurance for assets
Failure to submit documents can result in case dismissal.
8. Take a Debtor Education Course
Complete financial management education after filing. Choose a state-approved provider.
Finish the course and file your certificate within 60 days of your 341 meeting. You won’t receive a discharge without this certificate.
Courses are available online or by phone.
9. Attend Your 341 Meeting
The 341 meeting happens between you and your trustee. Creditors rarely attend.
Bring two forms of ID, including one with your full Social Security number. The trustee verifies your identity and confirms information from your petition.
The trustee asks questions under oath. Most meetings last less than 10 minutes. Standard questions apply to all Montana Chapter 7 filers.
Check your court notice for meeting format: in-person, phone, or online. In-person meetings occur at Butte, Billings, Great Falls, or Missoula federal district courts.
10. Deal With Your Car
Cars are essential in Montana. Your options depend on whether you own your car outright or have a loan.
If you own your car free and clear, Montana’s exemption protects up to $4,000 in equity. Single filers can keep vehicles within this limit.
If you have a car loan or lease and payments are current, you can sign a reaffirmation agreement. You agree to continue payments after bankruptcy.
If you’re behind on payments or don’t want the loan, surrender the vehicle. Bankruptcy discharge eliminates remaining unsecured debt from the loan.
Montana Bankruptcy Means Test
The means test determines if you qualify for Chapter 7 bankruptcy. It has two parts.
Step 1: Compare your household income to Montana’s median income for your household size. If you’re under the limit, you qualify.
Step 2: If your income exceeds the limit, calculate disposable income after subtracting certain living expenses.
Montana Median Income for 2025
Household size determines income limits. Compare your household income to these figures to see if you qualify for Chapter 7.
Fee Waiver Eligibility for 2025
You qualify for a fee waiver if your income is below 150% of federal poverty level.
| Household Size | Monthly Poverty Level | Fee Waiver Limit (150%) |
|---|---|---|
| 1 | $1,255.00 | $1,882.50 |
| 2 | $1,703.33 | $2,555.00 |
| 3 | $2,151.67 | $3,227.50 |
| 4 | $2,600.00 | $3,900.00 |
Montana Districts and Filing Requirements
Montana has one federal bankruptcy district with four divisions: Butte, Missoula, Great Falls, and Billings.
If filing by mail, send forms to the Butte division regardless of location. If filing in person, go to the courthouse serving your county.
Division Locations
| Division | Counties Served | Courthouse Address |
|---|---|---|
| Butte | Beaverhead, Broadwater, Deer Lodge, Jefferson, Gallatin, Granite, Lewis & Clark, Madison, Park, Powell, Silver Bow | 400 North Main Street, Room 273, Butte, MT 59701 |
| Missoula | Flathead, Lake, Lincoln, Mineral, Missoula, Ravalli, Sanders | 201 E. Broadway, Missoula, MT 59802 |
| Great Falls | Blaine, Cascade, Chouteau, Fergus, Glacier, Hill, Judith Basin, Liberty, Meagher, Phillips, Pondera, Teton, Toole | 125 Central Avenue West, Great Falls, MT 59404 |
| Billings | Big Horn, Carbon, Carter, Custer, Daniels, Dawson, Fallon, Garfield, Golden Valley, McCone, Musselshell, Petroleum, Powder River, Prairie, Richland, Roosevelt, Rosebud, Sheridan, Stillwater, Sweet Grass, Treasure, Valley, Wheatland, Wibaux, Yellowstone | 2601 2nd Avenue North, Billings, MT 59101 |
Montana’s Electronic Self-Representation System
Montana offers eSR for people filing without a lawyer. The system is free.
How it works:
- Create a secure account with 45 days to complete forms
- Submit your eSR package and receive confirmation email
- Print and sign eSR Declaration and Social Security statement
- Mail or hand-deliver signed forms with filing fee or waiver request
- Include certificate of credit counseling
Your case is filed after the court receives these documents.
Required Local Forms
Montana requires these local forms for Chapter 7:
- LBF 33: Trustee Document Checklist listing documents to send before 341 meeting
- LBF 36: Declaration Under Penalty of Perjury confirming accuracy of paperwork
- LBF 37: Notice of Compliance stating you’ve submitted required documents
- Creditor Matrix: List of creditor names and addresses for court notices
Download these from Montana Bankruptcy Court’s local forms page.
How to Pay Your Filing Fee
Pay the $338 filing fee with money order or cashier’s check to “Clerk, U.S. Bankruptcy Court.”
Request a fee waiver or installment plan if you can’t afford the full amount. The court doesn’t accept cash, credit cards, or personal checks.
Montana Bankruptcy Exemptions
Exemptions protect certain property from being sold to pay creditors. Exempt property remains yours after bankruptcy.
You must use Montana’s exemptions, not federal ones. You need two years of Montana residency before filing to claim them.
Important Montana exemptions:
- Homestead exemption: Protects up to $409,450 equity in your primary residence
- Vehicle exemption: Protects up to $4,000 equity in one car
- Tools of the trade: Protects up to $4,500 in work-related items
- Personal property: Protects household goods, jewelry, firearms, sporting equipment, and pets up to $7,000 combined (each item worth no more than $1,250)
- Pensions & retirement accounts: Most tax-exempt retirement accounts fully protected
Montana doesn’t offer a wildcard exemption.
Montana Bankruptcy Lawyer Cost
Most Montana bankruptcy lawyers charge flat fees for Chapter 7 cases. Typical costs range from $1,075 to $2,125.
Costs depend on case complexity and location. Attorney fees are usually the biggest bankruptcy expense. Some people find professional support worthwhile, especially with homes or significant assets.
You can file without a lawyer if your case is simple. Speak with a bankruptcy attorney for free to evaluate your options.
Montana Legal Aid Organizations
Legal aid organizations provide free or low-cost help to people who can’t afford attorneys. Montana Legal Services Association and other nonprofits may assist with Chapter 7 bankruptcy guidance or representation.