Lawyers, Answer Questions  & Get Points Log In

South Dakota Bankruptcy Questions & Answers

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... Read more »

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 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.

View More Answers

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 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.

View More Answers

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 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

View More Answers

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 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... Read more »

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... Read more »

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 contact the...
Read more »

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 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 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 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.

View More Answers

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 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.