How To File Bankruptcy for Free in South Dakota (2025 Guide)
You can file Chapter 7 bankruptcy in South Dakota without hiring a lawyer if your case is straightforward. The process involves completing required courses, filling out federal and local forms, and attending a short trustee meeting. South Dakota offers strong exemptions, including unlimited homestead protection and a wildcard exemption up to $7,000 for household heads.
Get Free ConsultationChapter 7 bankruptcy can wipe out debt and give you a fresh start. Many people file successfully without hiring a lawyer.
You can eliminate credit card debt and medical bills. You can protect your property using South Dakota exemptions.
Unsure If You Qualify for Chapter 7 in South Dakota?
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Check Eligibility NowThis guide shows you how to file bankruptcy for free in South Dakota.
10 Steps To File Bankruptcy for Free
1. Collect Your South Dakota Bankruptcy Documents
You need specific documents before filing your bankruptcy forms. These documents help you complete your paperwork accurately.
Start by gathering these essential items:
- Pay stubs from the past six months
- Tax returns from the past two years
- A bank statement covering your filing date
Additional documents make listing income, expenses, and debts easier:
- Credit card bills and loan statements
- Letters or notices from debt collectors
- 6-12 months of bank statements
- A recent credit report
Get a free weekly credit report at AnnualCreditReport.com.
Your credit report helps verify creditor names, balances, and contact information.
2. Take a Credit Counseling Course
You must complete credit counseling before filing for bankruptcy. The course helps you understand debt relief options.
Choose a state-approved provider.
The course takes 1-2 hours. You can complete it online, by phone, or in person.
Most courses cost $10-$50. You can apply for a fee waiver if needed.
Complete the course within 180 days before filing your case.
You’ll receive a certificate after completion. Submit this certificate with your bankruptcy forms.
The court can dismiss your case without this certificate.
3. Complete the Bankruptcy Forms
Chapter 7 filing requires several forms about your financial situation. The forms detail your income, expenses, debts, and property.
Federal forms are the same in every state. Download fillable PDFs from USCourts.gov.
If you need help, speak with a bankruptcy attorney for free to discuss your options.
Some courts require local forms. Check the South Dakota filing requirements section below.
4. Get Your Filing Fee
Filing Chapter 7 costs $338. You can apply for a fee waiver if you can’t afford it.
Fee waivers help low-income filers eliminate the filing cost entirely.
You can also request to pay in installments. The installment plan lets you file immediately.
Filing starts the automatic stay. The stay pauses most collection actions.
Wage garnishment stops when you file. Debt collector calls must stop too.
Missing an installment payment can result in case dismissal.
5. Print Your Bankruptcy Forms
Filing without a lawyer requires printing and submitting paper forms. Use a checklist to stay organized.
Follow these printing requirements:
- Use standard 8.5″ x 11″ white paper
- Print in black ink only
- Use single-sided pages
- Don’t staple or hole-punch pages
Sign every page that requires your signature.
6. File Your Forms With the South Dakota Bankruptcy Court
Submit your printed, signed forms to the South Dakota Bankruptcy Court. You can file in person or by mail.
South Dakota doesn’t allow pro se filers to file electronically.
Filing in person offers advantages. The clerk checks for completeness immediately.
You avoid mail delays and lost documents.
Send forms via certified mail if filing by mail. Tracking confirms delivery.
7. Mail Documents to Your Trustee
The court assigns a bankruptcy trustee to your case. The trustee reviews your forms and manages your case.
The trustee leads your 341 meeting of creditors.
You’ll receive an official notice with trustee contact information. The notice includes your 341 meeting date and time.
Send these documents to your trustee 14 days before your meeting:
- Your most recent federal tax return
- Bank statements showing balances on your filing date
- Government-issued photo ID copy
- Proof of Social Security number
- Your most recent pay stub
Follow any additional requests from your trustee carefully.
8. Take a Debtor Education Course
Complete a debtor education course before your discharge. This course differs from pre-filing credit counseling.
Debtor education focuses on budgeting, saving, and managing credit.
Course requirements include:
- Complete within 60 days of your 341 meeting
- Choose a court-approved provider
- Available online, by phone, or in person
- Costs $10-$50, fee waivers available
You’ll receive a completion certificate. File this certificate with the court.
You won’t receive your discharge without this certificate.
9. Attend Your 341 Meeting
You’ll attend a video meeting with your trustee about one month after filing. Most people call this the 341 meeting or meeting of creditors.
Most 341 meetings happen on Zoom. The meeting usually lasts less than 10 minutes.
Creditors can attend but rarely do.
The trustee places you under oath. You’ll answer questions about your identity and paperwork.
Have these items ready during your meeting:
- Government-issued photo ID and Social Security proof
- Your bankruptcy forms copy
- Documents sent to your trustee
- Your official court notice
Answer honestly and the meeting ends quickly.
10. Deal With Your Car
Many people worry about losing their car in bankruptcy. You can often keep your vehicle.
Keeping your car depends on equity and exemption protection. Equity equals your car’s value minus what you owe.
South Dakota’s wildcard exemption protects up to $5,000 of personal property. Heads of household can protect $7,000.
If you own your car outright, equity equals market value. Use the wildcard exemption if possible.
If you have a car loan, you have options:
- Reaffirm the loan: Keep making payments and remain responsible after bankruptcy
- Redeem the car: Pay current market value in a lump sum
- Surrender the car: Return it and discharge the remaining loan balance
If you’re leasing, continue payments or return the vehicle.
South Dakota Bankruptcy Means Test
You must pass the means test to file Chapter 7 bankruptcy. The test determines eligibility based on income and expenses.
The test compares your average monthly income to South Dakota’s median income. Income below the median usually qualifies you immediately.
Income above the median requires expense calculations. Complex cases need attorney review.
If you’re unsure about qualifying, speak with a bankruptcy attorney for free to confirm your eligibility.
South Dakota Median Income for 2025
Median income varies by household size. Compare your income to these thresholds.
Check current median income figures at the bankruptcy court website.
South Dakota Fee Waiver Eligibility
You qualify for a fee waiver below 150% of poverty level. Poverty level varies by household size.
A household of four qualifies with monthly income under $3,900.
South Dakota Districts & Filing Requirements
South Dakota has one bankruptcy district serving the entire state. File by mail or in person at two locations.
Courthouse Locations
Sioux Falls Courthouse
U.S. Courthouse
400 South Phillips Avenue, Room 104
Sioux Falls, SD 57104-6851
Pierre Courthouse
U.S. Post Office and Federal Courthouse
225 South Pierre Street, Room 203
Pierre, SD 57501-2463
Required Local Documents
South Dakota requires additional local forms:
- Wage or Earnings Statement: Declares 60-day income
- Mailing List of Creditors: Formatted list of all creditors
Payment Methods
Pay the $338 filing fee with cashier’s check or money order. Make payable to Clerk, U.S. Bankruptcy Court.
In-person filers can pay with exact cash.
The court doesn’t accept personal checks or credit cards from pro se filers.
Apply for installment payments or fee waivers if needed.
South Dakota Bankruptcy Exemptions
Bankruptcy exemptions protect property you need to live. These laws let you keep essential items.
South Dakota requires using state exemptions. You can’t choose federal exemptions.
You must have lived in South Dakota for two years.
Key South Dakota Exemptions
Homestead exemption: Protects unlimited home equity. Property must be under one acre in town or 160 acres elsewhere.
Motor vehicle: No specific vehicle exemption exists. Use the wildcard exemption for your car.
Wildcard exemption: Protects $5,000 of personal property. Heads of family get $7,000.
You can protect cars, cash, household goods, or tools. Wildcard doesn’t cover real estate.
South Dakota Bankruptcy Lawyer Cost
Hiring a bankruptcy lawyer costs money but may help with complex cases. Attorney fees vary by case complexity.
Most attorneys charge flat fees for Chapter 7.
South Dakota attorneys typically charge between $1,150 and $1,650. Location and complexity affect pricing.
Complex cases or valuable assets may require legal representation.
South Dakota Legal Aid Organizations
Legal aid provides free or low-cost help to qualifying individuals. Income determines eligibility.
These nonprofits offer guidance when you can’t afford attorney fees.
Dakota Plains Legal Services, Inc.
(605) 856-4444
151 Second Street, P.O. Box 489
Mission, SD 57555