The cost to file bankruptcy in South Dakota is $338 for a Chapter 7 bankruptcy and $313 for a Chapter 13 bankruptcy based on that US bankruptcy court fee schedule.
That said, are you going to hire an attorney? Are you going to apply for a fee waiver?
As of 2024, we found that the Chapter 7 attorney fee range can cost between $1000 – $1621, but the free bankruptcy cost calculator below should be able to estimate based on your exact city in South Dakota. We got this information from spending approximately $1,000 on PACER, which is public records database that contains bankruptcy attorney fees.
If you are like me, you probably wonder how you can afford the cost of bankruptcy in South Dakota when it’s difficult to pay bills, especially starting in 2024 as interest rates and inflation are still an issue. Thankfully, most bankruptcy attorneys near you provide initial free consultations and take payment plans to help you afford your bankruptcy.
Many bankruptcy costs such as the filing fee and the credit counseling courses are relatively similar. That said, the cost of bankruptcy attorney fees may range dramatically whether you are in Sioux Falls or Rapid City. The purpose of this article is to provide you with estimated all-in costs:
- Bankruptcy Attorney Fees
- Bankruptcy Filing Costs
Estimate the All-In Bankruptcy Cost in Your Zip Code
1. Bankruptcy Attorney Fees South Dakota
A Chapter 7 Bankruptcy is often less expensive than Chapter 13 bankruptcy. That said, you often have to qualify for a Chapter 7 bankruptcy based on the South Dakota bankruptcy means test. As stated above, Chapter 7 bankruptcy attorneys in South Dakota can cost between $1000 – $1621. The cost may increase or decrease based on the following factors:
The bankruptcy lawyer cost is often based on the following attributes:
- Which type of chapter you are filing (i.e. Chapter 7 vs Chapter 13)
- The complexity of your case (i.e. no asset vs asset)
- Your location (i.e. Sioux Falls vs Rapid City
- Level of attorney connection
- Attorney expertise (i.e. how many years of experience)
Here are some of the ranges of cost in major cities in South Dakota.
Attorney Fees in Sioux Falls
Sioux Falls is the most populated city in South Dakota with a population of 181,883. Bankruptcy attorneys in Sioux Falls can cost an estimated $1,450.
Attorney Fees in Rapid City
Bankruptcy attorneys in Rapid City can cost an estimated $1,170.
Attorney Fees in Aberdeen
Bankruptcy attorneys in Aberdeen can cost an estimated $1,000.
2. Chapter 13 Bankruptcy Attorney Fees South Dakota
Chapter 13 bankruptcy attorneys fees in South Dakota can cost $2,500. The fee can depend on the district.
While Chapter 7 attorney fees have variability, many Chapter 13 fees are relatively similar based on no-look fees, a reasonable cost for the service provided. You may still want to see whether the attorney charges an hourly rate for any additional work after filing the Chapter 13
3. Bankruptcy Filing Costs
Bankruptcy filing costs are pretty similar across the United States, not just South Dakota. Here are the other costs to consider.
Bankruptcy Filing Fees
The US Courthouse has a fee schedule and a bankruptcy form that provides the filing fee.
The Chapter 7 bankruptcy filing fee is $338 ($245 filing fee $78 administrative fee + $15 trustee surcharge).
The Chapter 13 bankruptcy filing fee is $313 ($235 filing fee + $78 administrative fee).
South Dakota Filing Fee Waiver Guidelines
| # of People | 150% Poverty Guideline |
|---|---|
| 1 | $15,060 |
| 2 | $20,440 |
| 3 | $25,820 |
| 4 | $31,200 |
| 5 | $36,580 |
| 6 | $41,960 |
| 7 | $47,340 |
| 8 | $52,720 |
| 9 | $58,100 |
| * Add $5,380 for each individual in excess of 9. | |
Mandatory Course Costs
When you file bankruptcy, you have to take an approved credit counseling course in South Dakota and a debtor education course. You can often take both courses online. The average cost may is around $10 to $50 per course. Please note that the courses must be approved, so here is the list of approved South Dakota credit counseling courses and South Dakota debtor education courses that should also have the cost associated with the course.
Miscellaneous Costs
You may have to pay for transportation to the meeting of creditors at the courthouse, but most 341 meetings of creditors are still online even after COVID. You may also have to pay for a credit report for your attorney (although they may be able to help you with the credit report).
You can estimate the cost of transportation to one of the bankruptcy courts below:
District of South Dakota
- 400 S Phillips Ave
Sioux Falls, SD 57104 - 515 Ninth Street
Rapid City, SD 57701 - 225 South Pierre Street
Pierre, SD 57501 - 102 Fourth Avenue, S.E., Room 408
Aberdeen, SD 57401
Will Inflation Affect the Cost To File Bankruptcy in South Dakota?
With subsiding inflation in 2024, a question I’ve heard is whether inflation will slow to the extent that attorney fees may not rise. Let’s cover whether inflation may affect the filing fee and the attorney costs in South Dakota.
The Chapter 7 bankruptcy filing fee was updated from $335 to $338, and the Chapter 13 bankruptcy filing fee was updated from $310 to $313 effective December 1st, 2020. Based on the very slight change, I would not expect the filing fee to negatively impact you.
You may see some inflation in attorney fee costs as inflation may force bankruptcy attorneys to pay more to employees and face higher costs of living themselves in cities such as Rapid City or Aberdeen or across South Dakota.
Would My Bankruptcy Cost Be Higher Sioux Falls Than Aberdeen?
You may live in a suburb in South Dakota and wonder if you should hire a local attorney or an account in a bigger city like Rapid City to save on bankruptcy costs.
As Sioux Falls has the highest population in South Dakota of 181,883, you may expect that the cost of bankruptcy attorney fees may be higher in Sioux Falls than Aberdeen.
While the cost may be higher in Sioux Falls, there also may be more bankruptcy attorneys increasing competition and dropping prices. So, you actually could find that the total cost to file bankruptcy including bankruptcy fees could be actually much higher in your city than in Sioux Falls.
One thing to be aware of is that most bankruptcy attorneys offer free bankruptcy consultations, so you can get multiple perspectives. Also, our bankruptcy cost calculator below takes into consideration those variables when providing you with an all-in cost estimate.
Why Do Some Attorneys Charge Higher Chapter 7 Bankruptcy Fees?
You may compare prices from two different bankruptcy attorneys in Rapid City, and find attorney costs vary between two attorneys.
The Chapter 13 bankruptcy attorneys often charge the same amount regardless in Aberdeen due to the no-look fee (a normal fee for the services provided). That said, the Chapter 7 bankruptcy attorney fee can vary greatly, so it’s important to understand what you are getting for the additional cost.
For example, let’s say you make $10,000 above the median income for South Dakota and still want to file a Chapter 7 bankruptcy. The attorney may then have to spend additional time looking over your expenses to see whether you would qualify for a Chapter 7 even though you are above the median. Additional attorney time generally means a higher overall bankruptcy cost.
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