What are Bankruptcy Records in South Dakota?

In South Dakota, bankruptcy records are documents and other information that are generated during bankruptcy court sessions. Typically, they contain the personal and financial details of parties involved in the proceedings, such as the case summary, docket report, gross income of debtors, sources of income, and court-issued orders. Bankruptcy cases occur when individuals or corporations file a bankruptcy chapter with the court to settle outstanding debts.

Parties looking to file for bankruptcy can file different chapters, depending on the specifics of their situation. Chapter 7 bankruptcy is commonly filed by individuals or businesses, and it involves the bankruptcy trustees compiling and selling off debtors’ assets. The trustees pay off the creditors with the proceedings of the assets sold. Chapter 13 bankruptcy, also known as a wage earner’s plan, involves debtors developing a repayment plan to settle debts by paying in installments, usually between three to five years.

Within the state’s jurisdiction, the United States Bankruptcy Court for the District of South Dakota hears bankruptcy cases. There are also two offices of the clerk of court in the state.

Typically, the clerk’s office is primarily responsible for managing bankruptcy records generated during court proceedings. Interested persons can obtain bankruptcy records from the clerk’s office. Some platforms also give electronic access to such records, including third-party websites like SouthDakotaCourtRecords.us.

What do South Dakota Bankruptcy Records Contain?

South Dakota bankruptcy records contain court-generated information and documents that are used during bankruptcy proceedings. they include, but are not limited to:

• Case name and number
• Bankruptcy chapter filed,
• Date of filing
• Discharge date
• Certain information on involved parties
• Case status
• Location
• Court orders
• A list of assets
• Docket report

Are Bankruptcy Records Public Information?

Following the federal Freedom of Information Act (FOIA), records such as bankruptcy records are public information. The FOIA guarantees the right of members of the public to inspect and obtain records managed by government bodies. Interested persons have access to bankruptcy records and can request desired information from its custodians. They can also be gotten via electronic means. However, custodians can only disclose non-confidential records to the public. Under the FOIA, records classified as confidential information are unavailable to querying parties. Such information includes the social security number of individuals.

Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.

Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

How to Get South Dakota Bankruptcy Records

Since South Dakota Bankruptcy records are public information, interested persons can obtain them from their custodians. Usually, bankruptcy records are maintained at the court where the case proceedings occurred. Some electronic platforms also make such records available to interested individuals.

The Public Access to Court Electronic Records (PACER) service provides querying parties with electronic access to bankruptcy records filed with the U.S United States Bankruptcy Court for the District of South Dakota. To gain access to bankruptcy information, interested persons have to register a PACER account and login. Registered users can search for bankruptcy case information by the specific court the case was filed or by the national index, which gives access to all federal courts nationwide. Users who encounter difficulty searching a record by case number or party name can make use of the PACER Case Locator. To print out records, PACER charges a fee of $0.10 per page. Users can direct any inquiries to the service center at (800) 676–6856, between the hours of 8 a.m. and 6 p.m. during weekdays, or by email at pacer@psc.uscourts.gov.

The Voice Case Information System (VCIS) also gives access to South Dakota bankruptcy records. Querying parties can obtain basic bankruptcy case information by calling the telephone number service at 1–866–222–8029. Callers can search by the case name, party name, and social security number. Callers can use the keypads to browse options and select the information they want, as directed by the automated voice instructions. Via the VCIS, users can obtain bankruptcy information such as case number, case status, discharge date, next hearing date, and name of attorneys.

Querying parties can get archived bankruptcy records by making a request via mail, fax, or email from the National Archives and Records Administration. Persons can navigate the site’s National Archives Court Records page to get resources on how to request such records.

The clerk’s offices also have public access terminals that individuals can look up bankruptcy case information. Users of the public access terminals can print out documents at a charge of $0.10 per page. Alternatively, interested persons can also visit the clerk’s office to request the desired bankruptcy records. Following the fee schedule, obtaining physical copies of the records cost a fee of $.50 per page. Requestors can get records in-person or send a written request to either of the addresses:

U.S. Post Office and Federal Courthouse
225 South Pierre Street,
Room 203
Pierre, SD 57501–2463
(605) 945–4460

U.S. Courthouse
400 South Phillips Avenue,
Room 104
Sioux Falls, SD 57104–6851
(605) 357–240

Requests for records at the clerk’s office are processed within the working hours of 8:00 a.m. to 5:00 p.m. on weekdays, except federal holidays.

How do I Find Out if My Bankruptcy Case is Closed in South Dakota?

Interested persons can check the status of their South Dakota bankruptcy case to know if it is closed. Electronic platforms such as PACER and public access terminals that provide access to bankruptcy case information can be utilized to look up the status of cases. Interested individuals can also request their case status from the clerk’s office.

Can a Bankruptcy be Expunged in South Dakota?

Yes, bankruptcy records can be expunged in South Dakota. When records are expunged, they become confidential information, hence unavailable to the general public. Persons who wish to remove certain bankruptcy information from public access can file a motion to redact with the court. Following the court fee schedule, a cost of $25 per case is charged for redaction. When a motion to redact is filed, there may be a court hearing. A judge reviews the petition and gives a decision to accept or deny it, based on the provisions of the law. At its discretion, the court also redacts certain information that may infringe a party’s privacy.