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What property is exempt under a Chapter 7 bankruptcy? In Montana, there is an exemption for $250,000 for equity in a homestead and $2,500 for equity in a motor vehicle. In addition, exempt property can include household furnishings, personal property, professional tools, and life insurance.
If your total monthly income over the course of the next 60 months is less than $7,475 then you pass the means test and you may file a Chapter 7 bankruptcy. If it is over $12,475 then you fail the means test and don't have the option of filing Chapter 7.
In addition, the Bankruptcy Code will allow the debtor to keep certain "exempt" property; but a trustee will liquidate the debtor's remaining assets. ingly, potential debtors should realize that the filing of a petition under chapter 7 may result in the loss of property.
Real Property - the Montana Homestead Exemption The Montana homestead exemption is particularly generous. It allows filers to exempt up to $250,000 in equity in their primary residence, provided that they file a homestead declaration before submitting a formal bankruptcy petition to the court.
Filing for Chapter 7 bankruptcy eliminates credit card debt, medical bills and unsecured loans; however, there are some debts that cannot be discharged. Those debts include child support, spousal support obligations, student loans, judgments for damages resulting from drunk driving accidents, and most unpaid taxes.