South Dakota Bankruptcy Exemptions

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AssetsExemptionState Statutes
     
Homestead May file homestead declaration. S.D. Codified Laws Ann. § 43-31-6 
Real property to unlimited value or mobile home (larger than 240 sq. ft. at its base and registered in state at least 6 months before filing) to unlimited value; property cannot exceed 1 acre in town or 160 acres elsewhere; sale proceeds to $30,000 ($170,000 if over age 70 or widow or widower who hasn’t remarried) exempt for 1 year after sale (husband & wife may not double). S.D. Codified Laws Ann. § 43-31-1
S.D. Codified Laws Ann. § 43-31-2
S.D. Codified Laws Ann. § 43-31-3
S.D. Codified Laws Ann. § 43-31-4 
Spouse or child of deceased owner may claim homestead exemption. S.D. Codified Laws Ann. § 43-31-13 
(Gold or silver mine, mill, or smelter not exempt) S.D. Codified Laws Ann. § 43-31-5 
     
Insurance Annuity contract proceeds to $250 per month. S.D. Codified Laws Ann. § 58-12-6
S.D. Codified Laws Ann. § 58-12-8
  Endowment, life insurance, policy proceeds to $20,000; if policy issued by mutual aid or benevolent society, cash value to $20,000.


S.D. Codified Laws Ann. § 58-12-4
  Fraternal benefit society benefits. S.D. Codified Laws Ann. § 58-37A-18
  Life insurance proceeds to $10,000, if beneficiary is surviving spouse or child. S.D. Codified Laws Ann. § 43-45-6
  Health benefits to $20,000. S.D. Codified Laws Ann. § 58-12-4
Life insurance proceeds, if clause prohibits proceeds from being used to pay beneficiary’s creditors. S.D. Codified Laws Ann. § 58-15-70
     
Pensions & Retirement Savings City employees. S.D. Codified Laws Ann. § 9-16-47
  IRAs, Roth IRAs & ERISA-qualified benefits, limited to income & distribution to $1,000,000. S.D. Codified Laws Ann. § 43-45-16
S.D. Codified Laws Ann. § 43-45-17
  Public employees. S.D. Codified Laws Ann. § 3-12-115
     
Personal Property Bible, schoolbooks; other books to $200. S.D. Codified Laws Ann. § 43-45-2 (4)
Burial plots, church pew. S.D. Codified Laws Ann. § 43-45-2 (2),(3)
Cemetery association property. S.D. Codified Laws Ann. § 47-29-25
  Clothing. S.D. Codified Laws Ann. § 43-45-2 (5)
  Family pictures. S.D. Codified Laws Ann. § 43-45-2 (1)
  Food & fuel to last 1 year. S.D. Codified Laws Ann. § 43-45-2 (6)
     
 Public Benefit Crime victims’ compensation. S.D. Codified Laws Ann. § 23A-28B-24
  Public assistance. S.D. Codified Laws Ann. § 28-7A-18
  Unemployment compensation. S.D. Codified Laws Ann. § 61-6-28
Workers’ compensation. S.D. Codified Laws Ann. § 62-4-42
     
Wages Earned wages owed 60 days before filing bankruptcy, needed for support of family. S.D. Codified Laws Ann. § 15-20-12
Wages of prisoners in work programs. S.D. Codified Laws Ann. § 24-8-10
     
Wildcard Head of family may claim $7,000, or non-head of family may claim $5,000 of any personal property.  S.D. Codified Laws Ann. § 43-45-4

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