US Bankruptcy Court DSD Docket Feed

Ainsworths - Trustee Meadors' Objection to Claimed Exemptions Overruled

The United States Bankruptcy Court for the District of South Dakota overruled Chapter 7 Trustee Robert L. Meadors' objection to debtors' claimed exemptions, holding that $1,704.30 in garnished wages turned over to the estate may be claimed exempt under S.D.C.L. §43-45-4. The court found that garnished wages qualify as "earned, but unpaid" under S.D.C.L. §43-45-14, satisfying the statutory requirements for exemption. South Dakota has opted out of the federal exemption scheme, so the analysis turns entirely on state statutory law.

UST v. Shafer: Summary Judgment Denied on Asset Concealment Claims

The United States Trustee sought summary judgment to revoke debtor Derek Rasmussen Shafer's Chapter 7 discharge under 11 U.S.C. §727(d)(1) and (d)(2), alleging Shafer made false oaths by not disclosing numerous vehicles on his bankruptcy schedules despite DMV records showing vehicle titles and registrations in his name as of July 30, 2024. The bankruptcy court denied the motion, finding genuine issues of material fact exist regarding whether Shafer knowingly made false oaths and whether property was properly disclosed or surrendered to creditors prior to bankruptcy filing.