Complete guide: exemptions, means test income limits, filing costs, and real case outcome data for South Dakota.
State Exemptions Only
South Dakota requires bankruptcy filers to use state exemptions exclusively. Federal exemptions under 11 U.S.C. Section 522(d) are not available. Research South Dakota's homestead, vehicle, personal property, and wildcard exemptions before filing.
Protects equity in your primary residence. Amounts vary by state. Check South Dakota homestead exemption amounts.
Protects equity in your car. Most states protect $2,000 to $7,500. See vehicle exemption details.
401(k)s, IRAs, and pensions are generally fully exempt in bankruptcy. See retirement exemptions.
Applies to any property. Not all states offer this. See wildcard exemptions.
If your household income is at or below these thresholds, you pass Part 1 of the means test and likely qualify for Chapter 7.
| Household Size | Annual Threshold | Monthly Equivalent |
|---|---|---|
| 1 person | $59,478 | $4,956 |
| 2 persons | $77,321 | $6,443 |
| 3 persons | $90,407 | $7,534 |
| 4 persons | $105,276 | $8,773 |
| 5 persons | $115,176 | $9,598 |
| 6 persons | $125,076 | $10,423 |
For each additional person above 4, add approximately $9,900 to the 4-person figure.
Enter your income and household size for an instant result.
Means Test Calculator Discharge ScreenerSouth Dakota has a single federal bankruptcy district. All cases are filed in this one court, which simplifies the process.
Chapter 7 filing fee: $338. Chapter 13: $313. Fee waivers are available for filers below 150% of the poverty line. Installment payments available for all filers. Full cost breakdown.
The court filing fee for Chapter 7 is $338 and Chapter 13 is $313. Attorney fees in South Dakota typically range from $1,000 to $3,500 for Chapter 7 and $2,500 to $5,000 for Chapter 13. You can also file without an attorney (pro se) and request to pay the filing fee in installments.
The means test compares your household income to South Dakota's median. For a single person, the current threshold is approximately $59,478 per year. For a family of four, it is approximately $105,276. If your income is below the median for your household size, you pass Part 1 of the means test.
South Dakota requires filers to use state exemptions only. Key exemptions to research include the homestead exemption (how much home equity you can protect), vehicle exemption, personal property exemption, and any wildcard exemption. Check South Dakota statutes for current amounts.
Chapter 7 stays on your credit report for 10 years from the filing date. Chapter 13 stays for 7 years. However, many people begin rebuilding credit within 1-2 years of discharge and can qualify for a mortgage within 2-4 years.
Yes, but there are waiting periods between discharges. Chapter 7 to Chapter 7: 8 years. Chapter 7 to Chapter 13: 4 years. Chapter 13 to Chapter 13: 2 years. Chapter 13 to Chapter 7: 6 years (unless you paid 100% or 70%+ with good faith). Use the free discharge eligibility screener to check your dates.
Most debts are dischargeable, but exceptions include most student loans (unless you prove undue hardship), child support and alimony, recent tax debts (generally last 3 years), debts from fraud or willful injury, DUI-related debts, and criminal fines. See nondischargeable.org for the full list.
From the Open Bankruptcy Project -- free information, no strings.
Discharge Screener Means Test Calculator