District of North Dakota

Administrative Order and Information on Court Operations During COVID-19

Administrative Order of Judge Hastings - Updated January 15, 2021.

Customers are encouraged to contact the Clerk’s Office by phone for assistance. Most inquiries and requests for documents can be handled over the phone, and copies and certifications mailed or emailed to the requestor.
Forms and instructions for filing are available on the court’s website.
Debtors are encouraged to file documents and make installment payments by mail.
Creditors are encouraged to file proofs of claim, amended claims, and withdrawals of claims online using ePOC.
How to Connect to North Dakota Bankruptcy Court Video Conference (Draft Instructions)

U.S. Trustee Program Extends Telephonic/Video Section 341 Meetings (updated August 28, 2020)

The U.S. Trustee Program has extended the requirement that section 341 meetings be conducted by telephone or video appearance to all cases filed during the period of the President’s “Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak” issued March 13, 2020, and ending on the date that is 60 days after such declaration terminates. However, the U.S. Trustee may approve a request by a trustee in a particular case to continue the section 341 meeting to an in-person meeting in a manner that complies with local public health guidance, if the U.S. Trustee determines that an in-person examination of the debtor is required to ensure the completeness of the meeting or the protection of estate property. This policy may be revised at the discretion of the Director of the United States Trustee Program.

BANKRUPTCY PROVISIONS IN CARES ACT

This Act includes the following revisions to the Bankruptcy Code:

Amends the Small Business Reorganization Act (SBRA) to increase the eligibility threshold for a debtor to file under subchapter V (of Chapter 11) to businesses with aggregate debt of no more than $7,500,000;
Amends the definition of income under Chapters 7 and 13 to exclude coronavirus-related payments from the federal government as “income”;
Clarifies that the calculation of disposable income for confirming a chapter 13 plan does not include coronavirus-related payments;
Allows Chapter 13 debtors to modify plan, after notice and hearing, if they are experiencing a “material financial hardship” due to the coronavirus pandemic. Chapter 13 debtors may modify plan to extend plan for up to seven years after their initial plan payment was due.

These provisions are scheduled to sunset one year after enactment.

Notice to Public Access Terminal Users:

If you need assistance with accessing court documents and are not able to use PACER.gov or you cannot afford to pay for using PACER.gov,please call 701-297-7100 for assistance.