South Dakota State Exemption List

Only State Exemptions Allowed

In the state of South Dakota, you will not be able to use the federal exemption list. Only the state exemption list is allowed. There may be certain supplemental federal exemptions allowed. There also may some residency requirements to use the South Dakota state exemptions.

It is important to discuss all exemptions with a South Dakota Bankruptcy Attorney prior to filing Chapter 7 Bankruptcy or Chapter 13 Bankruptcy. The goal of the exemption list is to allow you to keep enough personal property, wages, pensions, public benefits and homestead exemptions to be able to start over after bankruptcy.

The following table will outline the South Dakota State Exemptions. Many of your assets may not have a matching exemption.

Exemptions Exemption Amount Statutes
Homestead

Real property ( or mobile home larger than 240 square feet at its base and registered in state at least 6 months before filing for bankruptcy) to unlimited value; property cannot exceed 1 acre in town or 160 acres elsewhere; sale proceeds to $30,000 (unlimited if you’re over age 70 or an unmarried widow or widower) exempt for 1 year after sale (can’t exempt gold or silver mine, mill or smelter, 43-31-5
Spouse or child of deceased owner may claim homestead exemption

May file homestead declaration
43-31-1,
43-31-2,
43-31-3,
43-31-4
43-31-13
43-31-6
Miscellaneous Property of business partnership 48-4-14
Pensions

City employees

Public employees

9-16-47

3-12-115
Personal Property

All debtors may exempt bible, books to $200, pictures, burial plots, church pew, food & fuel to last 1 year and clothing

Head of family may claim $4000 of any personal property or:
Books & musical instrument to $200

2 cows, 5 swine, 25 sheep with lambs under 6 months; wool,
cloth or yarn of sheep; food for all to last 1 year

Farming machinery, utensils, tackle for teams, harrow, 2
plows, sleigh, wagon to $1250 total

Furniture, including bedsteads & bedding to $200
Library & tools of professional to $300

Tools of mechanic & stock in trade to $200

2 yokes of oxen, or span of horses or mules

3. Non-head of family may claim $2000 of any personal property

43-45-2

43-45-4, 43-45-5
43-45-5(1)
43-45-5(3)
43-45-5(3)
43-45-5(2)
43-45-5(5)
43-45-5(4)
43-45-5(3)
43-45-4
Insurance

Annuity contract proceeds to $250 per month

Endowment, life insurance policy, proceeds or cash value to $20,000 (husband and wife may not double, In re James, 31 B.R. 67 (D. S.D. 1983)

Fraternal benefit society benefits

Health benefits to $20,000

Life insurance proceeds, held pursuant to agreement by insurer, if clause prohibits proceeds from being used to pay beneficiary’s creditors

Life insurance proceeds to $10,000, if beneficiary is surviving spouse or child
58-12-6, 58-12-8
58-12-4
58-37-68
58-12-4
58-15-70
43-45-6
Public Benefits

Public assistance

Unemployment compensation

Workers’ compensation
28-7-16
61-6-28
62-4-42
Tools of Trade See personal property  
Wages

Earned wages owed 60 days before filing for bankruptcy, needed for support of family

Wages of prisoners in work programs
15-20-12
24-8-10
Public Benefits

Public assistance

Unemployment compensation

Workers’ compensation
28-7-16
61-6-28
62-4-42
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