How To File Bankruptcy for Free in South Dakota

Collect Your South Dakota Bankruptcy Documents

Before you can file your bankruptcy forms, you’ll need to gather some documents. These can help you fill out the required forms accurately.

✅ To get started, you’ll need:

• Pay stubs from the past six months

• Tax returns from the past two years (if you were required to file taxes)

• A bank statement that covers the day you file your case

🗂️ It’s also helpful to gather other items before you start. These can make it easier to list your income, expenses, and debts accurately:

• Credit card bills and loan statements

• Letters or notices from debt collectors

• 6–12 months of bank statements

• A recent credit report

📄 You can get a free weekly credit report from all three major credit bureaus at AnnualCreditReport.com. 

Your credit report can help you double-check your creditors’ names, balances, and contact info. If you use Upsolve’s free filing tool, it will automatically pull your credit report for you.

Take a Credit Counseling Course

Before you can file for bankruptcy, you’ll need to take a credit counseling course. It helps you understand your options for dealing with debt and decide if bankruptcy is right for you.

💡 Here’s what to know:

• You’ll need to choose a state-approved provider.

• The course usually takes 1–2 hours, and you can do it online, by phone, or sometimes in person.

• It usually costs between $10 and $50, but you can apply for a fee waiver if you can’t afford it.

• You have to take it within 180 days before you file your case.

After you finish, you’ll get a certificate. Remember to submit that certificate when you file your forms. If you forget, the court could dismiss your case.

Complete the Bankruptcy Forms

Filing for Chapter 7 requires filling out several forms that tell the court about your income, expenses, debts, property, and financial history. The forms are federal, so they’re the same in every state. You can download them for free as fillable PDFs from USCourts.gov.

⚙️If you use Upsolve’s filing tool, you’ll answer a set of questions online, and we’ll populate the required forms for you. If you decide to hire a lawyer, they’ll ask you similar questions and then fill out and submit the forms on your behalf.

👉 Some courts also require local forms. You’ll find more about those in the South Dakota Districts & Filing Requirements section later in this guide.

Get Your Filing Fee

It costs $338 to file a Chapter 7 bankruptcy case. If you can’t afford the fee, you can apply for a fee waiver. 

If you use Upsolve’s free filing tool, we’ll help you fill out the waiver request. You’ll just need to submit it to the court along with your other documents.

📆 If you don’t qualify for a waiver, you can ask to pay in installments. This allows you to file your case and start getting protection from creditors right away, even if you can’t pay the full fee up front.

⏸️ Filing initiates something called the automatic stay, which pauses most collection actions, including wage garnishment and phone calls from debt collectors. But if you miss an installment payment, your case could be dismissed before your debts are cleared.

Print Your Bankruptcy Forms

If you’re filing without a lawyer, you’ll need to print out your bankruptcy forms and submit them in person or by mail. Many filers find it helpful to use a checklist to help them stay organized.

🖨️Here’s how to print your forms properly:

• Use standard 8.5” x 11” white paper.

• Print in black ink.

• Use single-sided pages.

• Don’t staple or hole-punch the pages.

🖊️ Double-check that you’ve signed every page that requires a signature.

✨ If you’re using Upsolve’s free filing tool, you’ll get a ready-to-print packet with everything you need. The forms come in order, and helpful dividers show you exactly where to sign.

File Your Forms With the South Dakota Bankruptcy Court

Once your forms are printed and signed, you can file them at the South Dakota Bankruptcy Court. You have two options: You can drop them off in person or send them by mail. South Dakota doesn’t allow people filing without a lawyer to file online.

🏛️ Filing in person has some advantages. The court clerk can check that your packet is complete, and you’ll know right away if anything is missing. You also won’t have to worry about mail delays or lost documents, which can hold up your case.

If you need to mail your forms, it’s best to do so via certified mail or with tracking. Then you can rest assured knowing when your forms were delivered.

Mail Documents to Your Trustee

After you file your case, the court will assign a bankruptcy trustee to manage it. 

💡 The trustee is a neutral person (not a judge) who reviews your forms, checks that everything is accurate, and leads your 341 meeting. This is a short, required meeting where the trustee asks you a few questions about your case.

📬 After you file, the court will send you an official notice with your trustee’s name, contact info, and the date and time of your 341 meeting.

📄 To help your trustee confirm the information in your forms, you’ll need to send them some documents before the meeting. Unless the trustee gives you a different deadline, it’s best to send these at least 14 days before your 341 meeting:

• A copy of your most recent federal tax return (or a short note explaining why you don’t have one)

• A bank statement for each account showing your balance on the day you filed

• A clear copy of your government-issued photo ID

• Proof of your Social Security number (like your Social Security card, W-2, or a pay stub with your full SSN)

• Your most recent pay stub or other proof of income

📨 Your trustee might send a letter asking for more information or specific instructions. Following their requests carefully will keep your case on track.

Take a Debtor Education Course

Before your bankruptcy can be completed, you’ll need to take one more class: a debtor education course. This is different from the course you took before filing. This one focuses on everyday financial skills like budgeting, saving, and managing credit.

📌 Here’s what to know:

• Take the course within 60 days of your 341 meeting.

• Choose a court-approved provider.

• You can take the course online, by phone, or in person.

• The course costs $10–$50, but you may be eligible for a fee waiver.

After you finish the course, you’ll get a certificate of completion. Be sure this gets filed with the court!

⚠️ This step is essential. You won’t receive your discharge — the court order that officially wipes out your eligible debts — unless the certificate is filed.

Attend Your 341 Meeting

About a month after you file your case, you’ll attend a short video meeting with your bankruptcy trustee. This is called the 341 meeting, or meeting of creditors. It’s a routine part of every case and usually lasts less than 10 minutes. Although creditors are allowed to attend, they rarely do. 

💻 Most 341 meetings are held on Zoom. Your court notice will include the date, time, and login instructions.

At the meeting, the trustee will place you under oath and ask a few simple questions to confirm your identity and make sure your paperwork is accurate.

📄 It’s a good idea to have these items nearby during the meeting:

• A government-issued photo ID and proof of your Social Security number 

• A copy of your bankruptcy forms

• Any documents you already sent to the trustee (like your tax return or recent pay stub)

• Your official case notice from the court

Even though it’s normal to feel a little nervous, most people find the meeting quick and easy. Just answer honestly, and it’ll be over before you know it.

Deal With Your Car

Many people worry about losing their car when they file bankruptcy, but that doesn’t always happen. Whether you can keep your car depends on how much equity you have and whether that equity is protected by exemptions.

💡 Equity is the value of your car minus what you still owe on it. 

Exemptions are legal protections that help you keep certain property during bankruptcy. In South Dakota, you can use the wildcard exemption to protect up to $5,000 of personal property, such as your car (or $7,000 if you’re the head of a household). 

We’ll go over exemptions in more detail later in the South Dakota Exemptions section of this guide. For now, here are your general options:

🚗 If you own your car outright, your equity is equal to the current market value of the car. If that amount fits within the wildcard exemption, you can usually keep it.

💵 If you have a car loan, your equity is the car’s value minus your loan balance. If that amount is protected by an exemption, you have a few options.

• Reaffirm the loan: With a reaffirmation agreement, you agree to keep making payments and stay responsible for the debt after bankruptcy. You usually need to be up-to-date on payments to reaffirm your loan. Also both the lender and court must approve the agreement.

• Redeem the car: When you redeem a car, you pay the lender the current market value in a lump sum. In exchange, you own the car free and clear. This can save you money if you want to keep your car, but your loan balance is much higher than what the car is worth. That said, it rarely happens because it requires cash up front. Also, the lender must agree.

• Surrender the car: When you surrender the car, you give it back to the lender, and the rest of the loan is wiped out in your bankruptcy. Many people choose to do this when car payments no longer fit their budget or the car is worth less than what they owe.

📄 If you're leasing a car, you can either keep it and continue making payments or return it and cancel the lease.