South Dakota Bankruptcy

The following page provides information and resource links for the South Dakota bankruptcy.



If you are not looking for information regarding South Dakota, please use the links on the left to find information for your state.



South Dakota Bankruptcy Courts - Location and Contact Information

South Dakota bankruptcy courts consist of one district, which is further divided into four divisions.  Generally, the debtor’s county of residence will determine which division the bankruptcy petition is filed.  It may also be determined by the location of the debtor’s principal place of business or principal assets.

DISTRICT OF SOUTH DAKOTA

Counties of Jurisdiction:

Northern Division @ Aberdeen - Brown, Campbell, Clark, Codington, Corson, Day, Deuel, Edmunds, Grant, Hamlin, McPherson, Marshall, Roberts, Spink and Walworth Counties

Central Division @ Pierre - Buffalo, Dewey, Faulk, Gregory, Haakon, Hand, Hughes, Hyde, Jerauld, Jones, Lyman, Mellette, Potter, Stanley, Sully, Todd, Tripp and Ziebach Counties

Southern Division @ Sioux Falls - Aurora, Beadle, Bon Homme, Brookings, Brule, Charles Mix, Clay, Davison, Douglas, Hanson, Hutchinson, Kingsbury, Lake, Lincoln, McCook, Miner, Minnehaha, Moody, Sanborn, Turner, Union and Yankton Counties

Western Division @ Rapid City - Bennett, Butte, Custer, Fall River, Harding, Jackson, Lawrence, Meade, Pennington, Perkins and Shannon Counties

DIVISION STREET ADDRESS MAILING ADDRESS TELEPHONE
Northern
Division
U.S. Bankruptcy Court
Fourth Floor Federal District Courtroom
U.S. Post Office and Courthouse
102 4th Ave. SE
Aberdeen, SD 57401

See Central Division (605) 377-2600
Central
Division
U.S. Bankruptcy Court
225 S. Pierre St.
Room 203
Pierre, SD 57501

Same (605) 945-4490
Southern
Division
U.S. Bankruptcy Court
400 S. Phillips Ave.
Room 104
Sioux Falls, SD 57104

Same
(605) 357-2430
Western
Division
U.S. Bankruptcy Court
Third Floor Magistrate's Courtroom
Federal Building and U.S. Courthouse
515 9th St.
Rapid City, SD 57701
See Central Division
(605) 399-6030

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South Dakota Bankruptcy Laws and Exemptions

South Dakota Exemptions

The U.S. Bankruptcy Code allows individual debtors to exempt certain property from creditor claims based on exemptions under either federal law or state law. Exemptions vary from state to state. Some states have adopted their own set of bankruptcy exemptions that are used in place of the federal exemptions. However, other states give debtors an option to choose between either state or federal exemptions.

For South Dakota bankruptcy filings, state exemptions are used. Following are common state exemptions in South Dakota:

Homestead 100% of homestead is exempt
Automobile No specified automobile exemption
Other Property Personal property in the aggregate value of $6000
100% of family pictures, church pews, burial lots, wearing apparel, one year supply of food and fuel
$200 in family Bible and schoolbooks

Contact a South Dakota bankruptcy lawyer for more information regarding South Dakota bankruptcy exemptions.

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South Dakota Means Test

The new bankruptcy laws enacted in 2005 also require that debtors pass a means test before filing a Chapter 7 bankruptcy. There are two ways to pass the means test:

1. the debtor's annual income (calculated using the average gross income for the six month period prior to filing) must be below the state median. Census Bureau statistics for state median income by family size can be found here (for cases filed between April 1, 2013 and April 30, 2013).

2. If income exceeds the median income, individuals may still file Chapter 7 bankruptcy based on results of Form 22A: Chapter 7 Statement of Current Monthly Income and Means-Test Calculation. .

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South Dakota Credit Counseling and Debtor Education Agencies

Pursuant to the new bankruptcy laws enacted in 2005, individuals who file personal bankruptcy (with limited exceptions) in South Dakota must:

1. take a credit counseling course from an approved South Dakota credit counseling provider within six months before filing bankruptcy; and

2. complete a debtor education course from an approved South Dakota debtor education agency prior to receiving a bankruptcy discharge.

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South Dakota Personal Bankruptcy Attorneys

To find South Dakota bankruptcy lawyers in your area, you may want to contact your local county bar association or the State Bar of South Dakota:

State Bar of South Dakota
222 East Capitol Avenue
Pierre, SD 57501
(605) 224-7554
(800) 952-2333

Based on income, free bankruptcy advice and representation may also be obtained from the following organizations: See the FindLegalHelp.org's website for a list of organizations that provide legal services to low income clients in South Dakota.

If you are concerned about the representation provided to you by a South Dakota bankruptcy attorney, contact:

Disciplinary Board
c/o State Bar of South Dakota
222 East Capitol Avenue
Pierre, SD 57501

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Resources for South Dakota Bankruptcy Laws

U.S. Bankruptcy Court for the District of South Dakota - administrative and procedural information for South Dakota bankruptcy filings

Office of the U.S. Trustee for Region 12 - oversees the administration of South Dakota personal bankruptcy cases and case trustees

State Bar of South Dakota - information about the South Dakota bar, membership, ethics, continuing legal education, and resources for the public.

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