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South Dakota Bankruptcy
Bankruptcy laws and resources vary from state to state. The following page provides information and resource links for the state of South Dakota.
If you are not looking for information regarding South Dakota, please use the links on the right to find information for your state.
- Courts - Location and Contact Information
- Bankruptcy Laws
- Approved Credit Counseling/Debtor Education Agencies
- South Dakota Attorneys
- Other Bankruptcy South Dakota Resources
South Dakota Bankruptcy Courts - Location & 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 |
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 |
Contact a South Dakota bankruptcy lawyer for more information regarding South Dakota bankruptcy exemptions.
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.
2. If income exceeds the median income, individuals may still file Chapter 7 bankruptcy based on results ofForm 22A: Chapter 7 Statement of Current Monthly Income and Means-Test Calculation.
South Dakota Credit Counseling & 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.
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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