The South Dakota District Bankruptcy Court Bankruptcy Law

Sioux Falls, South Dakota 57101
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Filing Bankruptcy In The South Dakota District Bankruptcy Court

While bankruptcy is federal law, many aspects, like exemptions involve state law, and —in the case of the means test — each county in South Dakota is assigned its own housing expense standards.

We're here to help you navigate these layers of federal, state, and local rules that come into play when you file bankruptcy in The South Dakota District Bankruptcy Court.

LegalConsumer.com's "Bankruptcy By Zip Code" website has provided free, local bankruptcy information to more than 10 million consumers since 2006! Let us help you learn how bankruptcy works in The South Dakota District Bankruptcy Court. 


How to File 

Means Test

  • Free Means Test Calculator: Are you eligible for Chapter 7? This calculator will help you find out. Online since 2006. Updated with May 15, 2024 income & expense standards. 
  • Local Standards:  South Dakota and Minnehaha County: Every state and county differs.
  • Line by Line Help Just the bits you need when needed. 

Bankruptcy Court


South Dakota Bankruptcy Exemptions

  • Schedule C:  The form where you claim your property as exempt.
  • Federal Bankruptcy (§522) Exemptions: 19 states allow you to use the Federal Bankruptcy Exemptions listed in 11 USC § 522. The remaining states have "opted out" and only allow you to use the state law exemptions. 
    • Can use the Federal Bankruptcy (§522) exemptions in South Dakota? 

      No. S.D. Codified Laws §§ 43-31-30, 43-45-13.

  • South Dakota Exemptions
  • Real Estate
    • Your Home (South Dakota Homestead Exemption): 
      • Real property to unlimited value or mobile home (larger than 240 sq. ft. at its base and registered in state at least 6 months before filing) to unlimited value; property cannot exceed 1 acre in town or 160 acres elsewhere; sale proceeds to $30,000 ($170,000 if over age 70 or widow or widower who hasn't remarried) exempt for 1 year after sale (husband & wife may not double)

  • Personal Property:
    • Car/Truck/Van: Most states explicitly exempt motor vehicles. In some states, it's pretty generous. 
      • no specific exemption

    • Tools of Your Trade: From delivery vans to shop tools, most states allow you to exempt tools you use for your work, up to a certain amount.
    • Wildcard
      • Head of family may claim $6,000, or nonhead of family may claim $4,000 of any personal property

  • Financial Accounts & Cash

Types of Debt

  • Secured Debts: Bankruptcy doesn't get rid of secured debts, but in some cases, it can greatly reduce them. When you file, you'll be asked what you plan to do about your secured debts. Your options are:  -
    • Surrender: Give back the property and wipe out any remaining deficiency balance in bankruptcy. 
    • Redeem: - Come up with the cash to buy the property outright at its current value.. 
    • Reaffirm: - Keep the arrangement you have, and leave this debt unaffected by your bankruptcy.
    • Common Types of Secured Debts:
  • Unsecured Debts: Most unsecured debts, like credit cards and medical debts, can be discharged in bankruptcy.
    • Credit Card Debt
    • Medical Debt
    • Personal Loans
    • Payday loans
  • Unsecured Debts that require extra steps:

Lawyers Near Me


Note: This website is updated as time permits. It is up to you to contact your local court and confirm and update any information you need. Information is not advice. See a bankruptcy lawyer for advice about how the law relates to your situation.




The South Dakota District Bankruptcy Court
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Consumer Protection
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How to File
How To File Bankruptcy

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South Dakota District Bankruptcy Court Info

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Means Test
Means Test Calculator
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Debts
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Student Loans
Student Loans

Exemptions
Property, Exemptions & Liens

Exemptions
Exemptions By Category

BK Exemptions FAQ
Bankruptcy Exemptions FAQ

Lawyers
Bankruptcy Lawyers & Other Help

News
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