South Dakota Bankruptcy Laws

Homestead

Homestead may include mobile home if it is so used. However, the mobile home must be registered in the states for 6 months before the exemption applies. No pecuniary limit for person over 70 or more years old or the surviving spouse of the person who haven't remarried. The homestead is limited to one acre if in town or city, 160 acres if in the country, and 40 acres if on mineral land; Sale proceeds for one year up to the extent of $ 30,000 or $ 175,000 for person over 70 years of age.

Books

School books, bible and library are exempted up to worth $ 200.

Wages

Earnings are exempted of up to 60 days. Aggregate disposable earnings are exempted among the greater among 80 % or 40 times the federal minimum hourly wage per week, plus $ 25 per week for each family member dependent and residing with the debtor.

Personal Property

Personal property of any kind is exempted up to the extent of $ 6000 for head of the family and $ 4, 000 for any other person.

Life Insurance Policy

Proceeds of Life, Health or Endowment policies are exempted up to $ 20,000. Life Insurance policy proceeds up to the extent of $ 10,000 if survived by spouse or child.

Assets and Benefits

Assets and Benefits of IRC qualified employee benefit plans up to the extent of $ 250,000.

Annuity Benefits

Annuity contract benefits up to the extent of $ 250 per month.

Total or Absolute Exemptions for

  • Public Employees Retirement System Benefits.
  • Child Support.
  • Maintenance to blinds.
  • Workmen's Compensation benefits.
  • Unemployment compensation benefits.
  • Earnings of prisoners on work release.
  • Specific partnership property.
  • Earnings of prisoners.

Court's Address

400 S Phillips Ave Rm 104, Sioux Falls, SD 57104-6851;
225 S Pierre St Room 203, Pierre, SD 57501-2463

Court's Phone Number

Sioux Falls 605-357-2400Pierre 605-945-4460

Court's Hours

800am - 500pm (Monday-Friday)

Judges

Hon. Charles L. Nail Jr.211 Federal Bldg. 225 S. Pierre St. Pierre, SD 57501(605) 945-4490
Hon. Irvin N. Hoyt (Chief Judge)211 Federal Bldg. 225 S. Pierre St. Pierre, SD 57501(605) 945-4490

Clerks

Frederick M. Entwistle (Bankruptcy Clerk)117 Federal Bldg.
400 S. Phillips Ave. Sioux Falls, SD 57117(605) 945-4490Pat Johnson (Deputy in Charge)203 Federal Bldg. 225 S. Pierre St.
Pierre, SD 57501(605) 224-6013

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