Home/South Dakota/Statutes/Title 15: CIVIL PROCEDURE/Ch. 15-16: JUDGMENTS/§ 15-16-40
South Dakota Statutes

§ 15-16-40 — Motion and order for discharge except to extent that debt not discharged in bankruptcy.

South Dakota § 15-16-40
JurisdictionSouth Dakota
Title 15CIVIL PROCEDURE
Ch. 15-16JUDGMENTS

This text of South Dakota § 15-16-40 (Motion and order for discharge except to extent that debt not discharged in bankruptcy.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 15-16-40 (2026).

Text

If a judgment creditor objects to the discharge of a judgment, on motion of the judgment debtor, the judgment creditor, or other interested party, the court shall order the judgment discharged except to the extent that the debt represented by the judgment was not discharged by the bankruptcy discharge.

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Legislative History

SL 2012, ch 110, § 4.

Nearby Sections

15
§ 15-1-1
Definition of terms.
§ 15-1-2
Civil and criminal remedies not merged.
§ 15-1-3
Time during which action is pending.
§ 15-1-4
Procedure for acquiring signature of judge when no judge available.
§ 15-10-1
Notice of action affecting real property filed with register of deeds--Contents of notice--Foreclosure actions governed by specific statutes.
§ 15-10-10
Expungement of notice of pendency--Costs on grant or denial of motion.
§ 15-10-11
Expungement provisions, liability unaffected by.
§ 15-10-2
Action pending from time of notice--Time allowed for service of summons.
§ 15-10-3
Constructive notice from filing of notice--Subsequent purchasers and encumbrancers bound.
§ 15-10-4
Discharge of notice of pendency of action--Contents, acknowledgment and recording.
§ 15-10-5
Repealed
§ 15-10-6
Expungement of notice of pendency upon motion therefor--Showing necessary to defeat motion.
§ 15-10-7
Expungement of notice of pendency upon motion therefor--Undertaking.
§ 15-10-8
Expungement of notice of pendency--Notice of motion--Proof considered.
§ 15-10-9
Expungement of notice of pendency--Effect.
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Bluebook (online)
South Dakota § 15-16-40, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/15-16-40.