What is the bankruptcy means test?

The bankruptcy means test determines whether you qualify to file Chapter 7 bankruptcy. It compares your average monthly income over the past 6 months to your state's median income. If you're below the median, you automatically qualify. If above, you must pass a second part examining disposable income.

How much debt do you need to file bankruptcy?

There is no minimum debt amount required to file bankruptcy. However, most bankruptcy attorneys recommend filing only when debt exceeds what you can realistically repay within 5 years, typically $10,000 or more.

How long does bankruptcy stay on your credit report?

Chapter 7 bankruptcy stays on your credit report for 10 years from the filing date. Chapter 13 bankruptcy stays for 7 years. Both affect your ability to get new credit, but the impact diminishes over time as you rebuild.

What states does this calculator support?

BankruptcyByState.net supports bankruptcy means test calculations for all 50 states using current federal and state-specific median income figures.

What is the Chapter 7 income limit in South Dakota for 2026?

The 2026 Chapter 7 means test income limit in South Dakota is $59,988/year for a single person and $100,224/year for a family of four.

Are retirement accounts protected in South Dakota bankruptcy?

Yes. All qualified retirement accounts (401(k), IRA, pension) are fully protected in South Dakota bankruptcy — both Chapter 7 and Chapter 13. This protection has no dollar limit for most qualified plans.

What is the vehicle exemption in South Dakota?

South Dakota's vehicle exemption protects $7,000 in a motor vehicle.

How much does it cost to file bankruptcy in South Dakota?

The court filing fee for Chapter 7 in South Dakota is $338; for Chapter 13 it is $313. Attorney fees for Chapter 7 typically range $1,000-$2,500; Chapter 13 attorney fees typically range $3,000-$5,000, payable through the plan.

South Dakota Bankruptcy Calculators 2026 — Complete State Guide

South Dakota residents filing bankruptcy use both federal bankruptcy law (11 U.S.C.) and South Dakota-specific exemption statutes to determine eligibility, protect assets, and structure repayment plans. This page provides a complete reference for 2026 South Dakota bankruptcy rules, including median income thresholds for the Chapter 7 means test, asset exemption amounts, and links to all state-specific calculators.

For a single person in South Dakota, the 2026 Chapter 7 income limit is $59,988/year ($4,999/month). For a family of four: $100,224/year. South Dakota's homestead exemption protects Unlimited in home equity (Unlimited on up to 1 acre). Retirement accounts are fully protected in South Dakota, as they are in every state.

South Dakota 2026 Chapter 7 Median Income Thresholds

Household Size	Annual Income Limit	Monthly Limit
1 person	$59,988	$4,999
2 people	$76,104	$6,342
3 people	$87,648	$7,304
4 people	$100,224	$8,352
5 people	$110,124	$9,177

South Dakota 2026 Bankruptcy Exemptions

Asset Type	Protected Amount	Notes
Homestead / Home Equity	Unlimited	Unlimited on up to 1 acre
Motor Vehicle	$7,000	—
Retirement Accounts	100%	All qualified plans
Wildcard	$7,000	Any asset
Personal Property	$7,000	Household goods, clothing
Wages	80% of disposable earnings	Earned but unpaid wages

South Dakota Bankruptcy Calculators

Frequently Asked Questions

How does South Dakota's homestead exemption compare to other states?

South Dakota's homestead exemption of Unlimited is among the strongest in the country — only a handful of states (Texas, Florida, Kansas, Oklahoma, South Dakota, Iowa) offer unlimited homestead protection. Homeowners with equity near or above the exemption limit should discuss Chapter 13 as an alternative with a bankruptcy attorney.

Who qualifies for Chapter 7 bankruptcy in South Dakota?

To file Chapter 7 in South Dakota, you must pass the means test (income at or below $59,988/year for a single person, or complete the disposable income calculation if above), not have had a Chapter 7 discharge within the past 8 years or a Chapter 13 discharge within the past 6 years, not have had a bankruptcy case dismissed within the past 180 days for cause (fraud, willful failure to follow court orders), and complete a credit counseling course from an approved provider within 180 days before filing.

What is the typical cost to file bankruptcy in South Dakota?

The filing fee for Chapter 7 in South Dakota is $338 (payable to the bankruptcy court) and for Chapter 13 is $313. Attorney fees vary significantly: Chapter 7 attorney fees in South Dakota typically range from $1,000 to $2,500 depending on case complexity, geographic market, and attorney experience. Chapter 13 attorney fees are subject to local court fee guidelines and are typically $3,000 to $5,000, paid through the plan over time rather than upfront. Fee waivers are available for Chapter 7 filers with income below 150% of the federal poverty line.