Idaho Bankruptcy

Bankruptcy refers to the process by which federal courts allow individuals and organizations to reorganize and eliminate debts through repayment strategies. In Idaho bankruptcy cases are handled by the federal court. Idaho’s state-specific exemption laws and local procedures determine what assets you may retain, including how the case is handled.

The state no longer operates under the federal exemption system. Therefore, individuals filing for bankruptcy may rely on the exemptions provided by the Idaho state law.

How to File Bankruptcy in Idaho

Filing a case in Idaho requires several steps. Before initiating the filing process, you may enroll in a court-approved credit counseling course. After you complete this course, you may take a debtor education course. The list of state-approved providers for these courses is maintained by the Department of Justice (DOJ) and recognized by the Idaho Bankruptcy Court.

In Idaho, certain documents are important when initiating a bankruptcy case. You will be required to submit two years of tax returns, six months of income records, recent bank statements, a complete list of assets and debts, property deeds or titles, and any pending lawsuits.

In addition, individuals are required to choose the appropriate Chapter that applies to their case—Chapter 7, 13, or 11. They are also required to apply Idaho state-specific exemptions to protect eligible assets.

To proceed with your case, you are required to submit required forms to the U.S. Bankruptcy Court for the District Court of Idaho. Individuals are required to follow local filing instructions to successfully file their bankruptcy case.Effective Dec. 1, 2023, a revised fee applies to filing bankruptcy in Idaho.

The standard filing fees for Ch. 7 cases cost $338, $313 for Ch. 13, while cases filed under Ch. 11 cost $1,738. There is a provision for installment payment, and individuals may refer to the Bankruptcy Court District of Idaho fee schedule for further details.

You are required to attend the meeting as stated in §341. Individuals may come along with a valid means of identification and be prepared to answer questions from the trustees. This meeting continues until your case is resolved or your repayment plan is approved.

Idaho Bankruptcy Types: Chapter 7, Chapter 13 & Chapter 11

Idaho’s exemption laws outline what assets individuals or businesses may retain and the debts that are repaid. In Idaho, bankruptcy cases are filed under the following chapters:

Chapter 7 (Liquidation)

In Idaho, this is suitable for low-income individuals seeking financial relief. This process involves liquidation, and a trustee may sell non-exempt assets to repay a creditor. Idaho’s homestead and personal property exemptions are essential to protecting certain assets.

Chapter 13 (Repayment Plan)

This provides a structured repayment plan, often between 3 and 5 years, for individuals with steady income. Furthermore, any non-exempt equity under Idaho law affects the minimum amount that is repaid to the creditor.

Chapter 11 (reorganization)

This is typically for businesses or individuals who have accrued a substantial debt. This permits both individuals and businesses to maintain normal operations while working under a court-approved financial restructuring plan.

Step-by-Step Checklist for Idaho Filers

In Idaho, the following steps ensure that you stay on track with deadlines and requirements for filing a bankruptcy:

• Complete credit counseling from an approved provider
• Gather financial records or documents
• Select the appropriate bankruptcy chapter and apply Idaho exemption laws
• File your petition and schedules with the U.S. Bankruptcy Court for the District of Idaho
• Pay the complete filing fee or request an installment plan (if eligible)
• Attend the 341 meeting of creditors
• Complete debtor education course
• Monitor trustee or court notices until discharge or repayment plan is completed

Idaho Bankruptcy Court & Record Access

Knowing where to file and how to look up cases simplifies both the filing process and searching bankruptcy records in Idaho. Idaho has only one federal bankruptcy court with several locations. This provides for a more efficient way to access court services in the state.

Court Location

• The U.S. Bankruptcy Court for the District of Idaho: This court is located in Boise with divisions in the cities of Coeur d'Alene and Pocatello. Its jurisdiction covers all counties across the state. The primary location is:

Record Access

The public may visit any of the divisions of the U.S. Bankruptcy District Court in Idaho at regular business hours to obtain copies of records. The working hours are between 9:00 a.m. and 4:00 p.m. MT from Monday to Friday.

Records are available and may be downloaded via the nationwide PACER Case Locator. Limited bankruptcy case information is available via the automated Voice Case Information System. Interested persons may call 866 (222) 8029 for more information.

The public may view records free of charge at the public computer terminals at the clerk's office located in Coeur d’Alene, Boise, and Pocatello. Information regarding usage and compatible data fields is made available by the District of Idaho.