State Laws

South Dakota Bankruptcy Laws

     

Different Types of South Dakota Bankruptcy
South Dakota has different types of bankruptcy that are possible for consumers. Other types of bankruptcy are available for family-owned farms and corporations. Chapter Thirteen bankruptcy allows individuals to pay off their creditors by using their own personal income.

The court will evaluate his or her personal situation, income, expenses, debts, household, and living companions. The court will then order a repayment plan. The repayment plan will be created from what is owed to creditors and what can be paid each month. Over a span of five years the individual will pay the designated amounts each month as required.

Chapter Seven bankruptcy allows debt elimination through the liquidation of personal property. A court-appointed trustee will liquidate the non-exempt property at its current value. The obtained funds will then be used to pay off creditors. Exempt property is not required to be sold for this purpose.

South Dakota Bankruptcy Cost
Despite popular belief bankruptcy filing is not free. Each kind of bankruptcy has a different fee. Chapter Seven bankruptcy requires a two hundred-dollar fee for its services. Chapter Thirteen bankruptcy requires one hundred eighty-five dollars for its services.

These fees are the same for one person filing for bankruptcy as for those who filing jointly as husband and wife. These fees cannot be waived but can be paid in installments as cited by the court. If an attorney is used during the petitioning and bankruptcy process, these fees will also need to be paid in addition to the chapters' costs. Attorney fees vary and agreements can be made prior to filing.

Student Loans
Simply because bankruptcy is noted as the clearing of most kinds of debts, doesn't mean that is clears all debts. Child support, alimony, taxes, and student loans are not eligible for bankruptcy relief. However in the case of student loans some exemptions apply in South Dakota.

If a student loan is not guaranteed through a government agency or is not insured, it may be discharge through bankruptcy. If a student loan if partially or wholly funded by a government agency or any other non-profit institution the loan may be discharged with bankruptcy. If paying the student loan causes unnecessary hardship for the individual and his or her dependents then the student loan may be discharged.

Exceptions depend on the circumstances of the case and the decisions of the local courts. At times another filing for adversary proceedings is necessary in order to discharge student loans.

Owning Following Bankruptcy
Individuals are allowed to keep any kind of property that is marked as exempt after filing for Chapter Seven bankruptcy. After bankruptcy has been completed, the individual may also keep whatever purchases he or she makes.

Within one hundred and eighty day of filing if the individual receives an inheritance settlement, life insurance benefits, or a property settlement, he or she is required to pay the funds or property to the outstanding creditors. This is only necessary if the acquired property or insurance is not listed as exempt by federal exemptions or South Dakota state exemptions.

See also:
South Dakota Felony
South Dakota Gun Laws
South Dakota Divorce Laws
South Dakota Misdemeanor External link (opens in new window)
South Dakota Expungement External link (opens in new window)