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3101 West 41st Street
Suite 214
Sioux Falls, SD 57105
(605)335-1545
brian@btalaw.com
Suite 214
Sioux Falls, SD 57105
(605)335-1545
brian@btalaw.com
Consumer Bankruptcy*
The following information should not be interpreted as legal advice. Every case is different. For
information about your specific situation, please contact me to set up an appointment.
The two primary options for the average consumer are Chapter 7, also referred to as Consumer
Liquidation, and Chapter 13, or Consumer Reorganization. In a Chapter 7, the debtor is allowed to
declare a certain amount of their property as absolutely exempt, and, if the debtor has property over
and above their exemption amounts, this non-exempt property is liquidated by the case trustee to
pay some or all of the debtors unsecured creditors. The specific exemptions allowed in South
Dakota are set by South Dakota law.
In a Chapter 13, the debtor creates a 3 to 5 year payment plan (contingent upon court approval)
wherein they pay off at least a portion of their debts. At the end of the payment plan, most, if not all
of the remaining debt, is discharged. To determine your eligibility for either type of bankruptcy,
please call to set up an appointment.
Before anyone is allowed to file for bankruptcy (with certain very narrow exceptions) they must
attend an "approved" credit counseling session. For a list of approved agencies click here. Those
who would like to attend a counseling session "in person" should contact, in Sioux Falls, Lutheran
Social Services, Consumer Credit Counseling.
For a list of approved providers for the Financial Management Course required after filing, but
before the discharge, click here.
For more information about Bankruptcy, click here.
Online Questionnaire (You need a code to access which I will provide at initial consult)
The following information should not be interpreted as legal advice. Every case is different. For
information about your specific situation, please contact me to set up an appointment.
The two primary options for the average consumer are Chapter 7, also referred to as Consumer
Liquidation, and Chapter 13, or Consumer Reorganization. In a Chapter 7, the debtor is allowed to
declare a certain amount of their property as absolutely exempt, and, if the debtor has property over
and above their exemption amounts, this non-exempt property is liquidated by the case trustee to
pay some or all of the debtors unsecured creditors. The specific exemptions allowed in South
Dakota are set by South Dakota law.
In a Chapter 13, the debtor creates a 3 to 5 year payment plan (contingent upon court approval)
wherein they pay off at least a portion of their debts. At the end of the payment plan, most, if not all
of the remaining debt, is discharged. To determine your eligibility for either type of bankruptcy,
please call to set up an appointment.
Before anyone is allowed to file for bankruptcy (with certain very narrow exceptions) they must
attend an "approved" credit counseling session. For a list of approved agencies click here. Those
who would like to attend a counseling session "in person" should contact, in Sioux Falls, Lutheran
Social Services, Consumer Credit Counseling.
For a list of approved providers for the Financial Management Course required after filing, but
before the discharge, click here.
For more information about Bankruptcy, click here.
Online Questionnaire (You need a code to access which I will provide at initial consult)
*I am a Debt Relief Agency. I help people file for bankruptcy relief under the Bankruptcy
Code.
Code.
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