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South Dakota Bankruptcy Law and Unlimited Homestead Exemptions

Filing a chapter 13 case is a federal administrative proceeding, and a federal lawsuit combined. South Dakota bankruptcy law is a blending of federal laws and state laws that requires a petition to be filed in special courts, and includes both civil and potential criminal facets. Overall, this amalgamation of legal knowledge requires highly specialized training for attorneys to develop expertise.

All debtors who file in South Dakota are restricted to property exemption created by the state legislature. This limitation may first appears as a disadvantage (because Section 522 federal property exemptions are not available), but nevertheless includes a state homestead exemption allowance without value restrictions. South Dakota is one of only six state in the country that permit unlimited homestead values. Many other legal issues are also resolved under South Dakota law:

  • deeds, rights, real property rights, and owners liability
  • personal property rights, vehicle titles, notes and liens
  • liability for tort claims, negligence, intentional torts, wanton disregard
  • comparative causation claims
  • liability for breech of contract claims
  • tax liability, fines and penalties
  • divorce liability, child support payments
  • vicarious liability for the acts of minors
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