Consumer Bankruptcy Lawyers in Rapid City, South Dakota

Find the right Consumer Bankruptcy attorney in Rapid City, SD

Bankruptcy is a legal process allowing an individual or business to have some or all of their debt discharged. It is almost always considered as a last resort because it can have some negative long-term consequences which must be considered, even if you ultimately decide that they are outweighed by the benefits. Bankruptcy is a creation of federal law, and goes through federal courts. Therefore, the procedure governing bankruptcy in South Dakota will be roughly the same as it is anywhere else in the U.S. But individual courts have different rules for what property is exempt, so you should consult a local Rapid City, South Dakota before you file.

Chapter 7 Bankruptcy in Rapid City, South Dakota

There are 2 main types of consumer bankruptcies in Rapid City, South Dakota: Chapter 7 and Chapter 13 bankruptcy. Chapter 7 requires that a certain percentage of the debtor's property be liquidated to pay off at least a small part of their debt. However, many types of property are exempt, and do not need to be liquidated, such as cars, homes, insurance policies, and retirement accounts.

Once all non-exempt assets are sold, and the money from the sales turned over to the creditors, most remaining debt is discharged. But some types of debt cannot be discharged through Chapter 7 bankruptcy. These include child support payments, student loans, and criminal fines, among others. If most of your Rapid City, South Dakota debts are not dischargeable, you might want to consider options other than bankruptcy.

Chapter 13 Bankruptcy in Rapid City, South Dakota

Chapter 13 Bankruptcy in Rapid City, South Dakota is very different from Chapter 7. Whether or not it is a better option is highly dependent on the facts of each individual case. Chapter 13 bankruptcy does not discharge debt. Instead, it restructures it. This involves the bankruptcy court coming up with a new payment plan that supersedes the terms of the agreements that gave rise to the debt in the first place. This results in a new payment plan that the debtor should find manageable, if he or she can make a few sacrifices.

Which Type of Consumer Bankruptcy Should I File in Rapid City, South Dakota

Chapter 13 is usually a good option for people who have a steady income, and a large amount of non-exempt property that they can't part with. On the other hand, if most of the debtor's property is exempt, and he or she does not have a steady income, Chapter 7 might be more beneficial.

In any case, you should talk with a local Rapid City, South Dakota bankruptcy attorney. Your attorney can advise you of your options and inform you of their likely consequences. This will make it much easier for your to make an informed choice.

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Life in Rapid City

Rapid City is located in South Dakota. In fact, it is the second largest city in the state. Just as it has an exciting name, the city also has many attractions for visitors to see! These attractions include Bear Country, the Journey Museum, the Dahl Arts Center, Mt. Rushmore Black Hills Gold Factory Tours, Reptile Gardens, Watiki Indoor Waterpark, Mammoth Site and the Devils Tower National Monument.

Rapid City is amongst the Black Hills. Interestingly, it is home to the longest caves in the world. It also has one of the lowest unemployment rates in the U.S.!

With so much going on in one place, it is natural that the legal force would also have a presence. To support local businesses and residents, Rapid City is home to many experienced attorneys. These attorneys are able to advise clients in all areas of laws and are easily able to handle legal matters.

Overall, Rapid City is a must-see place to visit.

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