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South Dakota Bankruptcy Exemptions

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Exemptions in South Dakota

South Dakota law uses state, rather than federal, bankruptcy exemptions. Many of the major South Dakota exemptions are listed below. If filing bankruptcy as a married couple, the amounts listed may be higher. Please consult a bankruptcy attorney for further information on filing bankruptcy in South Dakota.  

• Homestead (equity in dwelling used as residence)
- Unlimited exemption, including for mobile homes, for up to one acre in a town or 160 acres in a rural area
• Personal property
- Food and fuel to last up to one year
- Clothing
- Up to $200 in bibles, school books, and family library
- Pictures
- Church pew
- Professionally prescribed health aids
- Burial plot and cemetery association property
• Wages
- 60 days of earnings if needed for support
- Prisoner work program wages
• Insurance
- Life insurance benefits that specifically cannot be used to pay creditors
- Up to $10,000 in life insurance proceeds to spouse or child
- Up to $20,000 in health benefits
- Up to $20,000 in proceeds/cash value of life insurance policy or endowment
- Up to $250/month in annuities
- Fraternal benefit society benefits
• Pensions and retirement
- Tax exempt retirement accounts
- ERISA benefits up to $1,000,000
- Public and city employee pensions
• Public benefits
- Workers’ compensation
- Unemployment benefits
- Crime victims’ compensation
- Public assistance
- Veterans’ benefits
- Social security
• Alimony and child support
- Alimony, maintenance, or support up to $750 a month
• Other
- Property of business partnership
• Wildcard (exemption for personal property of your choice)
- Up to $5,000 of cash or property, or up to  $7,000 if head of household

Do I Need a Bankruptcy Lawyer?

Bankruptcy is a complex process, and it is important to file exemptions correctly under South Dakota law.  A bankruptcy lawyer can help you to navigate the South Dakota bankruptcy system correctly, and to avoid any filing errors. 

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, LegalMatch Legal Writer

Last Modified: 12-31-2015 10:29 AM PST

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