South Dakota Statutes

§ 43-45-13 — Certain federal bankruptcy exemptions not available.

South Dakota § 43-45-13
JurisdictionSouth Dakota
Title 43PROPERTY
Ch. 43-44PERSONAL PROPERTY EXEMPT FROM PROCESS

This text of South Dakota § 43-45-13 (Certain federal bankruptcy exemptions not available.) 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 § 43-45-13 (2026).

Text

In accordance with the provision of § 522(b) of the Bankruptcy Code of 1978 (11 U.S.C. § 522(b)), residents of this state are not entitled to the federal exemptions provided in § 522(d) of the Bankruptcy Code of 1978 (11 U.S.C. § 522(d)), exemptions which this state specifically does not authorize. Nothing herein affects the exemptions given to residents of this state by the State Constitution and the South Dakota statutes.

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Related

Huisinga v. Koch (In Re Koch)
187 B.R. 664 (D. South Dakota, 1995)
12 case citations
In Re Hughes
244 B.R. 805 (D. South Dakota, 1999)
3 case citations
Fredrickson v. Household Finance Co. (In Re Fredrickson)
12 B.R. 506 (D. South Dakota, 1981)
2 case citations
Hoffman Farms v. Pokela (In Re Hoffman Farms)
195 B.R. 80 (D. South Dakota, 1996)
In re Lind
10 B.R. 611 (D. South Dakota, 1981)
Curtis Nessan v. John Lovald
494 F. App'x 691 (Eighth Circuit, 2012)

Legislative History

SL 1980, ch 297.

Nearby Sections

15
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Bluebook (online)
South Dakota § 43-45-13, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/43-45-13.