Bankruptcy Exemption Citations
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← Montana Opt Out Exemptions

Exemption: Montana has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). MCA § 31-2-106.

Citation: Stat. - Mont. Code Ann. § 31-2-106

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Mont. Code Ann. § 31-2-106 :
Exempt Property -- Bankruptcy Proceeding
31-2-106. Exempt property -- bankruptcy proceeding. An individual may not exempt from the property of the estate in any bankruptcy proceeding the property specified in 11 U.S.C. 522(d). An individual may exempt from the property of the estate in any bankruptcy proceeding:

(1) that property exempt from execution of judgment as provided in 19-2-1004, 19-18-612, 19-19-504, 19-20-706, 19-21-212, Title 25, chapter 13, part 6, 33-7-522, 33-15-512 through 33-15-514, 39-51-3105, 39-71-743, 39-73-110, 53-2-607, 53-9-129, Title 70, chapter 32, and 80-2-245;

(2) medical care, health, and medical savings accounts as provided in 25-13-603;

(3) the individual's right to receive unemployment compensation and unemployment benefits; and

(4) the individual's right to receive benefits from or interest in a private or governmental retirement, pension, stock bonus, profit-sharing, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, excluding that portion of contributions made by the individual within 1 year before the filing of the petition in bankruptcy that exceeds 15% of the individual's gross income for that 1-year period, unless:

(a) the plan or contract was established by or under the auspices of an insider that employed the individual at the time the individual's rights under the plan or contract arose;

(b) the benefit is paid on account of age or length of service; and

(c) the plan or contract does not qualify under section 401(a), 403(a), 403(b), 408, or 409 of the Internal Revenue Code, 26 U.S.C. 401(a), 403(a), 403(b), 408, or 409.
Last Amended: 2017
History: En. Sec. 1, Ch. 161, L. 1981; amd. Sec. 1, Ch. 208, L. 1987; amd. Sec. 1, Ch. 45, L. 1989; amd. Sec. 1, Ch. 301, L. 1989; amd. Sec. 39, Ch. 586, L. 1991; amd. Sec. 59, Ch. 238, L. 1993; amd. Sec. 234, Ch. 265, L. 1993; amd. Sec. 71, Ch. 114, L. 2003; amd. Sec. 52, Ch. 2, L. 2009; amd. Sec. 4, Ch. 298, L. 2017.
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Other Montana Exemption Citations

50 State Opt Out Exemptions

  • In re McNutt, 87 BR 84 (9th Cir. 1988) - Alaska has not elected to "opt out" of the federal exemptions pursuant to Code § 522(b). Instead, Alaska has enacted a provision, AS § 09.38.055, which limits the exemptions available to a debtor filing bankruptcy and residing in Alaska to those within the following statutes: AS §§ 09.38.010, 09.38.015, 09.38.017, 09.38.020, 09.38.025 and 09.38.030.
  • Alaska Stat. § 09.38.055 - Alaska has not elected to "opt out" of the federal exemptions pursuant to Code § 522(b). Instead, Alaska has enacted a provision, AS § 09.38.055, which limits the exemptions available to a debtor filing bankruptcy and residing in Alaska to those within the following statutes: AS §§ 09.38.010, 09.38.015, 09.38.017, 09.38.020, 09.38.025 and 09.38.030.
  • Ala. Code § 6-10-11 - Alabama has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). AC § 6-10-11.
  • In re Holt, 894 F.2d 1005 (8th Cir. 1990) - In a federal bankruptcy case Arkansas allows its residents to choose either the property exemptions provided by the laws of Arkansas or the property exemptions provided by Code § 522(d). ACA § 16-66-217.
  • Ark. Code Ann. § 16-66-217 - In a federal bankruptcy case Arkansas allows its residents to choose either the property exemptions provided by the laws of Arkansas or the property exemptions provided by Code § 522(d). ACA § 16-66-217.
  • Ariz. Rev. Stat. § 33-1133 (B) - Arizona has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). ARSA § 33-1133(B)
  • Cal. Civ. Proc. Code § 703.130 - California has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). CCPC § 703.130. In California, the state law provides for two alternative sets of exemptions with one of the alternatives being very similar to the exemptions listed in Code � 522(d). Choices between the two alternatives are limited in that a husband and wife filing jointly must both elect the same alternative and a married debtor filing individually cannot elect the provisions similar to those provided under the Bankruptcy Code unless the nonfiling spouse agrees to waive the right to claim the alternative exemption during the subsequent bankruptcy of that debtor.
  • Cal. Civ. Proc. Code § 703.130 - California has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). CCPC § 703.130. In California, the state law provides for two alternative sets of exemptions with one of the alternatives being very similar to the exemptions listed in Code § 522(d). Choices between the two alternatives are limited in that a husband and wife filing jointly must both elect the same alternative and a married debtor filing individually cannot elect the provisions similar to those provided under the Bankruptcy Code unless the nonfiling spouse agrees to waive the right to claim the alternative exemption during the subsequent bankruptcy of that debtor.
  • Colo. Rev. Stat. § 13-54-107 - Colorado has elected to "opt out" of the federal exemptions pursuant to Code § 522(d). CRS § 13-54-107.
  • Del. Code Ann. tit. 10, § 4914 (a) - Delaware has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). DCA 10 § 4914(a)
  • Fla. Stat. Ann. § 222.201 - Florida has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). FSA § 222.20, But with exceptions noted in FSA § 222.201, allowing federal exemptions in 11 USC § 522(d)(10).
  • Fla. Stat. Ann. § 222.20 - Florida has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). FSA § 222.20, But with exceptions noted in FSA § 222.201, allowing federal exemptions in 11 USC § 522(d)(10).
  • Ga. Code Ann. § 44-13-100 (b) - Georgia has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). GCA § 44-13-100(b)
  • Iowa Code § 627.10 - Iowa has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). ICA § 627.10.
  • Idaho Code § 11-609 - Idaho has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). IC § 11-609.
  • 735 Ill. Comp. Stat. 5/12-1201 - Illinois has elected to "opt out" of the federal exemptions pursuant to Code § 522(b).
  • Ind. Code Ann. § 34-55-10-1 - Indiana has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). ICA § 34-55-10-1.
  • Kan. Stat. Ann. § 60-2312 - Kansas has elected to "opt out" of the federal exemptions pursuant to Code § 522(b) except property listed in Code § 522(d)(10) for all cases filed after July 1, 1986 (KSA § 60-2312).
  • Ky. Rev. Stat. Ann. § 427.170 - In 2005, Kentucky elected to "opt in" to the federal exemptions pursuant to Code § 522(b). KRSA § 427.170.
  • La. Rev. Stat. Ann. § 13:3881 (B)(1) - Louisiana has elected to "opt out" of the federal exemptions pursuant to Code § 522. LRSA § 13:3881(B)(1)
  • Md. Code Ann., [Cts. & Jud. Proc.] § 11-504 (g) - Maryland has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). MC&JPCA § 11-504(g).
  • Me. Rev. Stat. Ann. tit. 14, § 4426 - Maine has elected to "opt out" of the federal exemptions pursuant to Code § 522. MRSA 14 § 4426.
  • In re Sassak, 426 B.R. 680 (Bankr. E.D. Mich 2010) - Michigan has not opted out (Federal exemptions are available) but has enacted a special bankruptcy only exemption statute. However debtors may use other state exemptions as well.
  • Mo. Rev. Stat. § 513.427 - Missouri has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). MAS § 513.427.
  • Miss. Code Ann. § 85-3-2 - Mississippi has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). MCA § 85-3-2 effective July 1, 1991.
  • In re Shumaker, 124 B.R. 820 Bkrtcy.D.Mont.,199 (Bankr.D.Mont. 1991) - Montanta's bankruptcy-only exemptions do not conflict with the Federal Constitution
  • Mont. Code Ann. § 31-2-106 - Montana has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). MCA § 31-2-106.
  • N.C. Gen. Stat. § 1C-1601 (f) - North Carolina has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). NCGS § 1C-1601(f).
  • N.D. Cent. Code § 28-22-17 - North Dakota has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). NDCC § 28-22-17.
  • Neb. Rev. Stat. § 25-15, 105 - Nebraska has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). NRS § 25-15, 105.
  • Nev. Rev. Stat. Ann. § 21.090 (3) - Nevada has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). NRSA § 21.090(3).
  • N.Y. Debt. & Cred. Law § 285 - As of 2011, New York allows residents to choose the federal exemptions pursuant to Code § 522(b). NYD&CL § 285
  • Ohio Rev. Code Ann. § 2329.662 - Ohio has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). ORCA § 2329.662.
  • 31 Okla. Stat. Ann. § 1 (B) - Oklahoma has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). OSA 31 § 1(B).
  • Or. Rev. Stat. § 18.300 - As of July 1, 2013, Oregon has ceased to "opt out" of the federal exemptions pursuant to Code § 522(b). ORS § 18.300. You can now use the federal exemptions.
  • S.C. Code Ann. § 15-41-35 - South Carolina has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). SCCA § 15-41-35.
  • S.D. Codified Laws Ann. § 43-31-30 - South Dakota has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). SD CLA § 43-31-30.
  • Tenn. Code Ann. § 26-2-112 - Tennessee has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). TCA § 26-2-112.
  • Utah Code Ann. § 78B-5-513 - Utah has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). UCA § 78B-5-513
  • Va. Code Ann. § 34-3.1 - Virginia has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). VA § 34-3.1.
  • In re Morrell, 394 B.R. 405 (Bkrtcy.N.D.W.Va 2008) - West Virginia's separate set of bankruptcy exemptions is not unconstitutional.
  • Sheehan v. Peveich, 574 F.3d 248 (4th Cir. 2009) - West Virginia's separate set of bankruptcy exemptions is not unconstitutional.
  • W. Va. Code § 38-10-4 (l),(m) - As of July 1, 2021, West Virginia now allows its residents to use the federal exemptions pursuant to Code § 522(b). WVC § 38-10-4. West Virginia has two sets of state law exemptions. The exemptions for debtors who are not filing bankruptcy are provided under WVC §§ 38-8-1 et seq. for personal property exemptions and WVC §§ 38-9-1 et seq. for homestead exemptions.
  • Wyo. Stat. § 1-20-109 - Wyoming has elected to "opt out" of the federal exemptions pursuant to Code § 522(b). WS § 1-20-109.