THIS ONLINE TOOL IS FOR DEBTORS ONLY
Bankruptcy has serious long-term financial and legal consequences and hiring a competent attorney is strongly recommended. The Bankruptcy Court is not permitted to provide legal advice. Individuals filing for bankruptcy without an attorney are still responsible for knowing and following all of the legal requirements.
What is eSR?
- eSR is an online tool to help individuals complete a chapter 7 bankruptcy petition when they have decided to file bankruptcy without an attorney.
Who can use eSR?
- Individuals who wish to file a chapter 7 bankruptcy petition and who live in the District of Montana may use eSR.
- eSR is not available for chapter 13 filings.
- Important Note: eSR is not available to attorneys or bankruptcy petition preparers. eSR is not designed for business or corporate bankruptcy filings. eSR is only available for individual chapter 7 filings.
Why use eSR?
- There is no cost to use eSR. Pay only the chapter 7 bankruptcy filing fee of $338.00.
- eSR has a guided, step-by-step process that allows you up to 45 days to complete your package and submit.
- Your personal information is only accessible to you using a unique login and password assigned to you.
- eSR is accessible 24 hours a day from any Internet-enabled computer.
- There is no software to download or purchase.
How do I use eSR?
- Obtain credit counseling from a court-approved credit counseling agency. The law requires credit counseling before filing bankruptcy.
- Collect all of your financial documents before you begin.
- Create a user profile, unique login, and password.
- Answer questions about your property, income and debts and hit submit.
- Complete and sign the eSR Declaration form and SSN statement form that are emailed to you upon the Court's receipt of the eSR package.
- Hand deliver or mail the completed Declaration form, completed SSN statement form, chapter 7 filing fee OR a completed Application to Pay in Installments OR a completed Application to Waive the Chapter 7 Filing Fee (if applicable), Original copy of a Certification of Credit Counseling
- Note: If Official Form 101A - Initial Statement About an Eviction Judgment Against You is part of this bankruptcy petition package, you are required to serve a copy of this form on your landlord when you complete the instructions for filing for bankruptcy.
- Note: An automatic stay (injunction) is NOT in effect until a bankruptcy case number is issued by the bankruptcy court.
- Note: A bankruptcy petition is NOT considered "filed" (and does not receive a case number) until all of the above listed documents are received and processed by the court. Please note that the confirmation email that your eSR package has been submitted does not constitute filing. Documents must still be provided to the Court before filing commences.
- Note: eSR only allows a one-time submission. Any schedules or statements not completed at the time the eSR package is submitted cannot be completed later using eSR. All subsequent pleadings and amendments to pleadings must be filed in person by visiting one of the 4 courthouse locations, by mail or by email after reading the necessary consenting to filing by email.
- You may get started using eSR by clicking here.
Additional Steps After eSR Submission
- Pay stubs - The Bankruptcy Code also requires the submission of pay stubs or other payment advices or other evidence of payment received within 60 days before the date of the filing of the petition (after all SSN and bank account numbers are redacted) or an Affidavit of No Employer Payments if you have not been employed within the 60 days prior to filing. Pay stub documentation is not required to open your Chapter 7 case; however, it must be provided to the Court within 14 days after the filing of a new case. You may include this documentation when you provide your original documents to the court in person or via mail to avoid the need to provide them separately.
- Debtor Education - A second education course, called the financial management course, must be completed after the date your Chapter 7 case is opened. The certification must be filed with court before a discharge will be entered in your case.
eSR Computer Requirements
- Internet connection
- Adobe Reader (version 8 or higher)
- Pop-up blocker must be disabled
- Browser requirements - It is recommended that you use the latest version of Mozilla Firefox, Internet Explorer, Chrome or Safari.
- For technical assistance regarding eSR, please contact the bankruptcy clerk's office at (406) 497-1240. Please note, the clerk's office is prohibited from giving legal advice.