South Dakota Bankruptcy Resources

Bankruptcy proceedings throughout South Dakota fall under the jurisdiction of the United States Bankruptcy Court for the District of South Dakota. While every bankruptcy case in the state is governed by federal bankruptcy laws, property protections are evaluated using South Dakota’s specific statutory exemption limits.

This comprehensive guide delivers an overview of South Dakota’s bankruptcy system, including Chapter 7 and Chapter 13 trustee administration, state exemption rules, Means Test requirements, and essential insights to help debtors navigate the process efficiently.

South Dakota’s Bankruptcy Court Structure

The United States Bankruptcy Court for the District of South Dakota administers federal bankruptcy matters across South Dakota. Although cases proceed under the Bankruptcy Code, the district regulates procedure, filing requirements, case management, and trustee assignments.

The District of South Dakota is structured into four main divisions: Northern (Aberdeen), Central (Pierre), Southern (Sioux Falls), and Western (Rapid City). A debtor’s primary county of residence determines which court division maintains jurisdiction, where the Section 341 Meeting of Creditors takes place, and which Chapter 7 or Chapter 13 trustee is assigned to oversee the bankruptcy estate.

Parties appearing before the court must adhere to the local bankruptcy rules and review the standing orders and administrative procedures of the assigned bankruptcy judge prior to submitting pleadings or requesting calendar hearings.

Court Divisional Locations

Southern Division (Main Office & Clerk’s Office)
United States Bankruptcy Court for the District of South Dakota
U.S. Courthouse
400 South Phillips Avenue, Room 104
Sioux Falls, SD 57104

Central Division
United States Bankruptcy Court for the District of South Dakota
U.S. Post Office and Courthouse
225 South Pierre Street
Pierre, SD 57501

Western Division
United States Bankruptcy Court for the District of South Dakota
Andrew W. Bogue Federal Building & U.S. Courthouse
515 Ninth Street
Rapid City, SD 57701

Northern Division
United States Bankruptcy Court for the District of South Dakota
U.S. Post Office and Courthouse
102 Fourth Avenue S.E.
Aberdeen, SD 57401

South Dakota Annual Bankruptcy Filing Data

The table below outlines total Chapter 7 and Chapter 13 bankruptcy filings across South Dakota for recent calendar years:

Calendar YearChapter 7 FilingsChapter 13 FilingsTotal Filings
2023459163622
2024464153617
2025505158663

South Dakota Bankruptcy Trustees

Chapter 7 and Chapter 13 trustees in South Dakota are appointed through the United States Trustee Program (Region 12) to administer cases filed within the District of South Dakota. Their core responsibilities include examining voluntary petitions and financial statements, presiding over Section 341 Meetings of Creditors, liquidating non-exempt assets for the benefit of general unsecured creditors, and monitoring Chapter 13 repayment plans and monthly plan distributions.

While South Dakota is organized into four judicial divisions (Southern, Western, Central, and Northern), assigned Chapter 7 panel trustees handle cases across all divisions based on regional dockets, whereas a single standing trustee manages Chapter 13 reorganization cases statewide.

Contact Information for South Dakota Bankruptcy Trustees

Below are the Chapter 7 trustees for the District of South Carolina in 2026.

Trustee NameContact Information & Address
Nicole B. Hughes25 Main Place, Suite 200
Council Bluffs, IA 51503
E-mail: nhughes@telpnerlaw.com
Phone: (712) 325-9000
Robert MeadorsPO Box 1024
Sioux Falls, SD 57101 -1024
E-mail: rlm@bsmllp.com
Phone: (605) 333-0070
Lee Ann Pierce316 4th Street
P.O. Box 524
Brookings, SD 57006
E-mail: leeannpierce@swiftel.net
Phone: (605)692-9415

The Chapter 13 trustee is responsible for cases across all four divisions (Southern, Western, Central, and Northern) within the District of South Dakota.

Trustee NameContact Information & Address
Kyle L. Carlson55 2nd Avenue SW
PO Box 519
Barnesville, MN 56514
E-mail: info@carlsonch13mn.com
Phone: (218) 354-7356

South Dakota Bankruptcy Exemptions

South Dakota is a bankruptcy “opt-out” state under SDCL §43-45-13, meaning that state-specific exemption statutes are used rather than the federal bankruptcy exemptions in 11 U.S.C. §522(d).

South Dakota’s exemptions protect real property equity, motor vehicles, personal property, qualifying retirement accounts, and earned wages. The specific extent of protection available depends on statutory limits. Notably, South Dakota’s homestead exemption protects unlimited equity but is subject to acreage limits. Personal assets are protected under SDCL §43-45-4.

Because state exemptions govern which property a debtor retains during bankruptcy, proper asset valuation and statutory selection are fundamental components of both Chapter 7 and Chapter 13 proceedings. Furthermore, claims of exemption remain subject to federal domicile requirements under §522(b)(3)(A), requiring 730 days of continuous state residency prior to filing, making filing timing an essential legal consideration for recent relocators.

For a complete breakdown of South Dakota’s statutory citations, exemption caps, unlimited homestead rules, and practical application examples, visit the dedicated South Dakota Bankruptcy Exemptions Guide.

South Dakota Bankruptcy Means Test

The Bankruptcy Means Test is the statutory requirement to determine whether a debtor qualifies for Chapter 7 bankruptcy. The calculation begins by comparing a household’s annualized Current Monthly Income (CMI) against South Dakota’s state median income figures, which are published and updated periodically by the U.S. Trustee Program based on family size.

If a debtor’s annualized household income falls at or below South Dakota’s applicable median income threshold, they automatically pass the initial prong of the test and may file under Chapter 7 without completing the full expense calculation on Official Form 122A-2.

Debtors whose income exceeds the state threshold must proceed to the secondary Means Test calculation, deducting allowable statutory expenses under Section 707(b)(2) to evaluate whether a presumption of abuse exists.

Passing the Means Test, however, does not make Chapter 7 mandatory or automatically optimal. Debtors must also evaluate asset exposure under South Dakota’s exemption statutes, such as non-exempt personal property subject to liquidation.

In Chapter 13 filings, the Means Test determines the length of the payment plan. For debtors below the median income, the plan is three years versus five years for above-median debtors. The Means Test also helps calculate the minimum projected disposable income that must be distributed to unsecured creditors over the life of the plan.

South Dakota Median Family Income Figures

Household SizeAnnual Median IncomeMonthly Median Income
1 Earner$69,190$5,765.83
2 Persons$89,809$7,484.08
3 Persons$100,883$8,406.91
4 Persons$130,738$10,894.83

For households exceeding four persons, add $11,100 for each individual.

For a comprehensive breakdown of South Dakota median income charts, Form 122A-1 and Form 122A-2 expense deductions, and Chapter 7 qualification standards, visit the dedicated South Dakota Bankruptcy Means Test Guide.

Conclusion

Navigating bankruptcy in South Dakota requires a clear understanding of both Chapter 7 liquidation and Chapter 13 reorganization, along with the distinct roles assigned to Chapter 7 panel trustees and the standing Chapter 13 trustee. Debtors in South Dakota must rely on the state’s statutory exemptions versus the federal exemptions to protect their assets.

Debtors must also evaluate their annualized household income against current South Dakota Means Test figures to assess Chapter 7 eligibility, determine plan length, and disposable income requirements under Chapter 13. Beyond income thresholds, factors such as asset exposure, non-exempt equity, and long-term financial stability should be weighed carefully before selecting a relief strategy.

Use this statewide directory as your primary starting point for court details, trustee listings, exemptions, and Means Test figures.

Professor Hernandez is an attorney specializing in consumer finance and debt relief. He is the author of Consumer Bankruptcy Law (Routledge) and teaches law and finance courses in both English and Spanish at an international university.

  • For Institutions: Colleges and universities may request examination copies of my textbook directly from Routledge Publishing.
  • For Students & Practitioners: Single print and digital copies are available via Amazon Books.
  • Video Lectures: Stream comprehensive legal breakdowns and video explanations on the Bankruptcy.blog YouTube Channel.

Bankruptcy Court & Consumer Resources

Explore additional consumer guides and state-specific directories to navigate your legal options:

  • A step-by-step master guide to completing and understanding the bankruptcy petition.
  • Bankruptcy Court Directory: Full listings for the federal bankruptcy court system and trustee contact information.
  • State Bankruptcy Exemptions: Review your state‑specific exemptions or compare them with the federal exemptions.
  • 341 Meeting Procedures: Prepare for your court date with updated rules, expectations, and practical guidance.

Please note that the information on this site does not constitute legal advice and should be considered for informational purposes only.

Bankruptcy Code and Statutory References