North Dakota has opted out of the federal exemptions, but the
opt-out applies only to its residents. “[R]esidents 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.” N.D. Cent Code § 28-22-17.
So, if this state is the applicable state (as determined by the
method stated on the home page of this site), debtors who are
not residents of North Dakota on the date of filing bankruptcy
should be able to choose the federal exemptions (and would
probably prefer them because not all the state exemptions are
available to nonresidents).
In re Rodenbough, 579 B.R. 545,
(Bankr.D.Idaho 2018), which denied nonresident debtors
access to the federal exemptions, is in error. The Court
overlooked the fact that North Dakota's opt-out statute is
limited specifically to residents. Therefore debtors who are not
North Dakota residents on the date of filing may use the
federal exemptions.
Click here for support