South Dakota Bankruptcy Exemptions

Homestead

43-31-1 & 43-31-2 & 43-31-5 - Real property, including mobile home if larger than 240 square feet and registered in the State at least 6 months prior to filing bankruptcy, of unlimited value; but cannot exceed 1 acre in a town or 160 acres elsewhere. Sale proceeds are exempt for 1 year after sale up to $30,000 (up to $170,000 if a widow, widower, or over 70 years old and not married). Spouse or child of a deceased owner may also claim exemption. Cannot include gold or silver mine, mill, or smelter.

Personal Property

43-45-2 - All debtors may claim clothing; food and fuel to last 1 year; bible and books up to $200; pictures; church pew; burial plot.

43-45-4 - $4,000 of any personal property; $6,000 if head of family.

47-29-25 - Cemetery association property.

Wages

15-20-12 - Earned wages owing 60 days prior to filing for bankruptcy, needed for support.

24-8-10 - Wages of prisoners in work programs.

Pensions

11 U.S.C. § 522 - Tax exempt retirement accounts; Traditional and Roth IRAs up to $1,095,000 per person.

3-12-115 - Public employees.

9-16-47 - City employees.

43-45-16 - ERISA-qualified benefits up to $1,000,000 of income and distribution.

Public Benefits

23A-28B-24 - Crime victims' compensation.

28-7A-18 - Public assistance.

61-6-28 - Unemployment compensation.

62-4-42 - Workers' compensation.

Tools of Trade

See Personal Property.

Insurance

43-45-6 - Life insurance proceeds if beneficiary is surviving spouse or child up to $10,000.

58-12-4 - Health benefits up to $20,000; endowment or life insurance policy, proceeds or cash value up to $20,000.

58-12-8 - Annuity contract proceeds up to $250 per month.

58-15-70 - Life insurance proceeds if policy prohibits use to pay creditors.

58-37A-18 - Fraternal benefit society benefits.

Other - Add any applicable Federal Nonbankruptcy Exemptions


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This website contains information related to law and is NOT LEGAL advice. It contents is for information only. If you need legal advice, please consult an attorney or act as your own.
All documents typed are prepared by Rica Gilmore.