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South Dakota State Economy:

The South Dakota State economy historically has been dependent on Agriculture which continues to this day. However, in recent years, the State has witnessed a sizable increase in the tourism, forestry, and mining industries.

South Dakota Bankruptcy Court Location:

Sioux Falls
U.S. Courthouse
400 South Phillips Avenue, Room 104
Sioux Falls, SD  57104-6851

Pierre
U.S. Post Office and Federal Courthouse
225 South Pierre Street, Room 203
Pierre, SD,  57501-2463

South Dakota Bankruptcy Exemptions:

  ⦁ Homestead exemption. All equity in your home if the property is less than one acre in a town and 160 acres elsewhere. This exemption will cover a mobile home that is larger than 240 square feet as long as you registered it with the state at least six months before your bankruptcy. You can exempt up to $30,000 of the proceeds from selling your home for up to one year. That amount increases to $170,000 if you are a widow, widower, or over 70 years old and not married. Spouses cannot double the homestead exemption; the spouse or child of a deceased homeowner may also claim the exemption. (§§ 43-31-1 through 43-31-5, 43-31-13)


  ⦁ Personal property. Clothing; food and fuel to last one year; bible and books up to $200; pictures; cemetery association property; church pew; burial plot; health aids that are prescribed by a professional. (§§ 43-45-2(2) through (5); 43-29-25)


⦁ Motor vehicle. There is no specific exemption for a car or other motor vehicle; however, you can use South Dakota’s wildcard exemption (described below) to exempt equity in your car.


⦁ Wages. Wages that you earned within the 60 days before your bankruptcy if needed to support a family (§ 15-20-12); wages of prisoners in work programs (§ 24-8-10).
⦁ Pensions. Public employees (§ 3-12-115); city employees (§ 9-16-47); ERISA-qualified benefits up to the currently-allowed amount (§ 9-16-47).


Public benefits. Crime victims’ compensation (§ 23A-28B-24); public assistance (§ 28-7A-18); unemployment compensation (§ 61-6-28); workers’ compensation (§ 62-4-42).


⦁ Tools of the trade. None, but you can use the South Dakota wildcard exemption to protect tools of the trade (see below).


Insurance. Life insurance proceeds up to $10,000 if the beneficiary is a surviving spouse or child (§ 43-45-6); health benefits up to $20,000; the proceeds or cash value of an endowment or life insurance policy, up to $20,000 (§ 58-12-4); annuity contract proceeds up to $250 per month (§ 58-12-8); life insurance proceeds if the policy specifically states that it cannot be used to pay creditors (§ 58-15-70); fraternal benefit society benefits (§ 58-37A-18).


⦁ Wildcard. Up to $5,000 of any personal property (not real estate). If you’re the head of a family, you can exempt up to $7,000 of personal property. (§ 43-45-4).

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