Bankruptcy in South Dakota

In South Dakota you use state exemptions only (exemptions are the property the law lets you keep). Your home (homestead): no dollar limit on the value of the home itself.

You file in the U.S. Bankruptcy Court for the District of South Dakota.

What can I keep?Do I pass the means test?Where do I file?Free help

Checked against official sources: October 25, 2026. · Free letter and checklist ↓

What you can keep in South Dakota

Exemptions are the property the law lets you keep. You use the South Dakota list. The federal list is not available in South Dakota.

Law: S.D. Codified Laws 43-31-30 and 43-45-13

What	South Dakota exemption
Home (homestead)	No dollar limit on the value of the home itself. The limit is by size: up to 1 acre inside a town plat, or up to 160 acres outside a town. If the home is sold (by you or at a forced sale), up to $100,000 of the sale money stays exempt for one year. The same section also says the exemption is limited to $170,000 for the homestead of a person age 70 or older, or that person's unremarried surviving spouse. One house (or mobile home) used as your home, plus buildings that go with it. A single person living in the home counts as a 'family'. A mobile home must be registered in South Dakota at least six months before you claim it. It does not protect against the purchase-money debt or the cost of building the home, or against accrued property taxes. Law: S.D. Codified Laws 43-31-1, 43-31-2, 43-31-4, 43-31-14, 43-31-29, 43-45-3, 43-45-8
Household goods and clothing	Always exempt (no cap): all clothing of you and your family, family pictures, a church pew, burial lots, one year's food and fuel for the family, prescribed health aids; family Bible and books up to $200. Other household goods, a car or any other personal property must come from the general exemption ($7,000 head of family / $5,000 otherwise). Law: S.D. Codified Laws 43-45-2, 43-45-4
Wildcard (any property)	$7,000 in any personal property (goods, money, vehicles and so on) if you are the head of a family; $5,000 if you are not. This is the exemption most people use for a car, bank accounts and household goods. Law: S.D. Codified Laws 43-45-4
Wages	In bankruptcy, you can claim earned but unpaid wages, but only within the $7,000 / $5,000 general exemption. Law: S.D. Codified Laws 43-45-14
Retirement accounts	You may choose up to $1,000,000 total in retirement and employee benefit plans (401(k), 403(b), IRAs, Roth IRAs, 457 and similar), plus income and payouts from them, as exempt. This does not stop collection by the State of South Dakota or local governments, or division orders (QDROs). Law: S.D. Codified Laws 43-45-16, 43-45-17
Public benefits	Reemployment assistance (unemployment) benefits are exempt while not mixed with other money; workers' compensation is exempt except for child and spousal support; state public assistance is exempt, including from bankruptcy. Law: S.D. Codified Laws 61-6-48; S.D. Codified Laws 62-4-42; S.D. Codified Laws 28-7A-18
Other exemptions	Life or health insurance proceeds up to $20,000 are exempt for the insured, the surviving spouse or children. Annuity contract benefits are protected from creditors, with exceptions in 58-12-7 to 58-12-9. Court-ordered alimony or support you receive, paid periodically, up to $750 per month. Law: S.D. Codified Laws 58-12-4; S.D. Codified Laws 58-12-6; S.D. Codified Laws 43-45-2(9)

Federal limit on a newly bought home

If you use your state's exemptions, you can protect no more than $214,000 of home equity that you acquired in the 1,215 days (about 3 years and 4 months) before you filed. Equity moved from an earlier home in the same state, bought before that period, does not count. The cap does not apply to a family farmer's main home.

Law: 11 U.S.C. 522(p); 90 FR 8941

Amounts: South Dakota amounts are fixed by statute, not indexed. Homestead sale-proceeds limit raised from $60,000 to $100,000 by 2025 SB 88 (SL 2025, ch 185), effective July 1, 2025. General exemption $7,000/$5,000 since SL 2013, ch 224. Read on sdlegislature.gov, October 2026.

The means test in South Dakota: first step

Official Form 122A-1 compares your household's yearly income with the median income in South Dakota. Here are the official medians:

1 person$69,190
2 people$89,809
3 people$100,883
4 people$130,738
Each extra person+$11,100

Applies to cases filed on or after April 1, 2026. 1 = one earner; 2, 3, 4 = people in the household; add = amount added for each person over 4

Where to file in South Dakota

You file in the federal district where you lived (your domicile) for most of the last 180 days. South Dakota has one bankruptcy court for the whole state, with clerk's offices in Sioux Falls and Pierre: https://www.sdb.uscourts.gov/court-info/court-locations

Law: 28 U.S.C. 1408

U.S. Bankruptcy Court for the District of South Dakota

Divisions: One statewide court; clerk's offices in Sioux Falls and Pierre; hearings held in Sioux Falls, Rapid City, Pierre and Aberdeen

Clerk's phone: (605) 357-2400 (Sioux Falls); (605) 945-4460 (Pierre)

Court's self-help page

Free help in South Dakota

Free letter and checklist

Letter: tell a creditor you filed bankruptcy

Notice to a creditor or debt collector with your case number, court, filing date and chapter.

Checklist: what to gather before you file

Income, tax returns, debts, property and budget papers the federal forms ask about, with South Dakota's courts.

Bankruptcy in South Dakota by topic

Exemptions in South Dakota

Home, car, household goods, wildcard and more, with the law for each.

The means test in South Dakota

The official median income and the first-step check.

Where to file in South Dakota

The bankruptcy courts, divisions, fees and the 341 meeting.

Good to know in South Dakota

South Dakota filers must use the state exemption list; the federal list is not available.
Law: S.D. Codified Laws 43-45-13
The homestead has no dollar cap, only an acreage cap, but money from selling the home is protected only up to $100,000 and only for one year.
Law: S.D. Codified Laws 43-31-4, 43-45-3
There is no separate vehicle exemption; a car is usually protected with the $7,000 / $5,000 general exemption.
Law: S.D. Codified Laws 43-45-4

Changes in 2024–2026

July 1, 2025: the homestead sale-proceeds exemption rose from $60,000 to $100,000.

Law: SB 88, SL 2025 ch 185, amending S.D. Codified Laws 43-45-3

Questions about bankruptcy in South Dakota

Can I use the federal bankruptcy exemptions in South Dakota?

No. South Dakota requires you to use the state exemptions.

What is the homestead exemption in South Dakota?

No dollar limit on the value of the home itself. The limit is by size: up to 1 acre inside a town plat, or up to 160 acres outside a town. If the home is sold (by you or at a forced sale), up to $100,000 of the sale money stays exempt for one year. The same section also says the exemption is limited to $170,000 for the homestead of a person age 70 or older, or that person's unremarried surviving spouse.

Does South Dakota have a wildcard exemption?

$7,000 in any personal property (goods, money, vehicles and so on) if you are the head of a family; $5,000 if you are not. This is the exemption most people use for a car, bank accounts and household goods.

What household goods can I keep in South Dakota?

Always exempt (no cap): all clothing of you and your family, family pictures, a church pew, burial lots, one year's food and fuel for the family, prescribed health aids; family Bible and books up to $200. Other household goods, a car or any other personal property must come from the general exemption ($7,000 head of family / $5,000 otherwise).

Are retirement accounts protected in bankruptcy in South Dakota?

You may choose up to $1,000,000 total in retirement and employee benefit plans (401(k), 403(b), IRAs, Roth IRAs, 457 and similar), plus income and payouts from them, as exempt. This does not stop collection by the State of South Dakota or local governments, or division orders (QDROs).

Are my wages protected in South Dakota?

In bankruptcy, you can claim earned but unpaid wages, but only within the $7,000 / $5,000 general exemption.

Where do I file bankruptcy in South Dakota?

What is the median income for the means test in South Dakota?

For cases filed on or after April 1, 2026: 1 person: $69,190; 2 people: $89,809; 3 people: $100,883; 4 people: $130,738; Each extra person: +$11,100.

Where can I get free help with bankruptcy in South Dakota?

SD Law Help (online application for Access to Justice, Dakota Plains Legal Services and East River Legal Services), Access to Justice, Inc. (State Bar of South Dakota free and reduced-rate program) and Dakota Plains Legal Services.