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South Dakota Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for South Dakota on
Q: I got a letter from my second mortgage saying I need to make a ballon payment soon. No way I can afford it or even close

My credit is shot so don't think I can refinance. some one suggested to file bankruptcy. As I red up on bankruptcy it said u can't include second mortgages in bankruptcy. Is that true?? Is there a way around it? What else can I do if I can get a loan to refinance or anything?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Sep 15, 2023

Bankruptcy Chapter 13, enacted back in 1978, quickly became known as the "save the house" route.

An arrearage in a first mortgage debt can be cured, *at no accrual of interest*, in a Ch. 13. More relevantly, a second mortgage debt can be similarly treated. And if it can be...
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1 Answer | Asked in Bankruptcy for South Dakota on
Q: How do you find out where to send a bill( they owe us money) to when someone filed bankruptcy chapter 12
Timothy Denison
Timothy Denison
answered on May 4, 2022

You’ll need to contact the Court and find out who the trustee is administering the case.

1 Answer | Asked in Bankruptcy for South Dakota on
Q: Can a bankruptcy trustee force me to sell or refinance my house in order to satisfy my separated wife’s creditors?

Spouse and I are physically separated but legally married. We share custody of two minor children. She lives in a rented apartment and I remain in the house we purchased jointly - the house where my children spend the majority of their days and nights. She just informed me of her intent to file for... View More

Timothy Denison
Timothy Denison
answered on Aug 4, 2019

Depends on the equity in the house and how much you can protect with your exemption(s). Many more facts are needed to properly answer this question, but above us the short answer.

2 Answers | Asked in Bankruptcy for South Dakota on
Q: how does my fiancé go about filing for bankruptcy while in prison?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 24, 2019

This will be difficult to do, but it can be done--if you help your fiancé by retaining a bankruptcy lawyer for her. They will take it from there.

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2 Answers | Asked in Bankruptcy for South Dakota on
Q: If my Boyfriend files Bankruptcy and I was on a loan he had do I have to file too?
Cristina M. Lipan
Cristina M. Lipan
answered on Apr 25, 2019

If you are a personal guarantor, you remain obligated to pay the loan even if your boyfriend files bankruptcy. You aren't required to file bankruptcy too, but you remain responsible for paying that debt.

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2 Answers | Asked in Bankruptcy for South Dakota on
Q: How do I find a Bankruptcy lawyer in Sioux Falls, SD that can file for an Iowa bankruptcy?

I have moved to Sioux Falls after my Sole-Proprietor business in Iowa failed due to health issues.

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Feb 11, 2019

As long as you have been in Sioux Falls for 6 months (180 days), you can file in your current state, otherwise, you have to file where the business was. As a sole proprietor your business goes where you are

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1 Answer | Asked in Bankruptcy and Contracts for South Dakota on
Q: What kind of lawyer would I need because the person that leases farm land hasn't paid rent and has filed chapter 11
Timothy Denison
Timothy Denison
answered on Jul 10, 2018

Bankruptcy attorney who does creditors rights and Chapter 11.

1 Answer | Asked in Bankruptcy for South Dakota on
Q: I am needing to file bankruptcy. How much does it cost? Can we go from my credit report if I dont have bills?

I am fixing to start getting my wages garnished for hospitals bills totaling over $21000.00. Is there any way to check my credit report so when I file we make sure to do it all. I have student loan debt and know that can't be taken off and I will still have that. How do I go about filing... View More

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Sep 26, 2017

Get to a local bankruptcy counsel asap. Perhaps he/she can get you an emergency or "bare Bones" filing before the wage garnishment starts. Fees vary in regions. Most counsel will import a Credit Report to make sure everything is listed on the Petition.

1 Answer | Asked in Bankruptcy for South Dakota on
Q: My lawyer retired without finishing my bankruptcy case. How do I get a hold of a certified copy of the dismissal form?

I live in Worthing, SD but I filed it before I moved from Spearfish, SD. I was told to mail the application for bankruptcy release to the Clerk of Courts in Lawrence County in Deadwood, SD. The said to complete it I need to have a certified copy of my bankruptcy dismissal. The employee will not... View More

Ray Choudhry
Ray Choudhry
answered on Apr 30, 2017

Your question doesn't make sense. Once a lawyer files your bankruptcy case, he is stuck with you until he officially withdraws from the case or the case is dismissed or discharged.

He can't just retire and walk away.

Anyway, assuming your case is dismissed, you need to...
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1 Answer | Asked in Bankruptcy for South Dakota on
Q: I am required to make a payment with a chapter 7 bankruptcy. I recently lost my job. What are my options.

The payment I receive from a business sale is $1250. I must pay $812.50 to the court. I'm looking for a way I can keep my entire payment until I can get back to work.

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 11, 2015

Speak with your attorney about this. If you do not have one, then you need to go see one about this.

1 Answer | Asked in Bankruptcy for South Dakota on
Q: How do i find bankruptcy records
Andrew Bresalier
Andrew Bresalier
answered on Feb 12, 2014

A: Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents.

2 Answers | Asked in Bankruptcy for South Dakota on
Q: Is there any way we can find if someone who owes us a lot of money has actually filed bankruptcy?
Andrew Bresalier
Andrew Bresalier
answered on Feb 12, 2014

A: Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents.

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1 Answer | Asked in Bankruptcy for South Dakota on
Q: I have a bankruptcy decision and now have a lot of new medical bills. Can i amend the bankruptcy.
Andrew Bresalier
Andrew Bresalier
answered on Feb 12, 2014

A: You cannot amend to include post filing bills, only bill from prefiling. However, the cost to amend/reopen can be sizable. You should balance the amount of debt vs. the cost.

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