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July 20, 2010
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Welcome to South Dakota Bankruptcy Attorneys.com

 

 
Did You Know?    
 
 
Special purpose entities in bankruptcy can be used
A business, usually a special-purpose entity, established to perform limited functions and to have one or a few primary creditors. This type of entity is sometimes established to protect lenders on large, complex projects, when the lender is to be paid solely or almost exclusively out of the money generated when the project becomes operational.

 



Our South Dakota Bankruptcy Lawyers can help you set your assets in order and take care of all the files and red tape associated with bankruptcy in a smooth and efficient manner.

Bankruptcy can be a devastating blow to an individual, a small business, or a multi-million dollar corporation. The allocation of funds, audits, creditor claims, and claiming of assets may be too much for the staff of one corporation to handle, let alone a single individual.

Bankruptcy, as far as the US Federal Bankruptcy Code is concerned, is the process undergone when a business or individual seeks relief from their debts. The Federal Code Law provides for the development of a plan that allows a debtor, who is unable to pay his creditors, to resolve his debts through the division of his assets among his creditors. The proceedings involved in invoking bankruptcy are supervised by and litigated in the United States Bankruptcy Courts. The Bankruptcy Code provides that creditors must stop all collection efforts against the debtor, and allows the debtor to organize his assets and settle his debt and credit accounts in a feasible manner.

Federal bankruptcy laws also manage how private or commercial companies go out of business or recover from crippling debt. A bankrupt company, the "debtor," might use Chapter 11 of the Bankruptcy Code to "reorganize" its business and try to become profitable again. Management continues to run the daily business operations but all significant business decisions must be approved by a bankruptcy court.

How Are Assets Divided in Bankruptcy?

  • Secured Creditors - often a bank is paid first.
  • Unsecured Creditors - such as suppliers and bondholders, have the next claim.
  • Stockholders - owners of the company have the last claim on assets and may not receive anything if the secured and unsecured creditors' claims are not fully repaid.

What can our South Dakota Bankruptcy Lawyers do for you?

  • Research all laws (recent verdicts, changes in legal doctrine) related to South Dakota bankruptcy
  • File claim(s) of bankruptcy
  • Appear in court for you

Contact our South Dakota Bankruptcy Lawyer Now!

 
South Dakota Audio & Video    
 
  Who Files for Bankruptcy?
Audio, RM, 32 Kbps, 3:52, 7/26/2002

John Ydstie talks with Teresa Sullivan, co-author of The Fragile Middle Class, about the characteristics of people who file for bankruptcy. Sullivan says most Americans filing bankruptcy are solidly middle class and have either just lost a job, gotten sick or injured, or gotten divorced. Sullivan is vice president and graduate dean of the University of Texas in Austin.
Source: National Public Radio
 
 
South Dakota External Sites    
 
 

UNITED STATES BANKRUPTCY COURT - District of South Dako
Provides administrative and procedural information about the court and its services.
USBC - SD - Local Rules
Local Bankruptcy Rules Committee (PDF document). In order to view PDF documents, the Adobe Acrobat Reader is required. It is available from www.adobe

 


  Newsroom  
 


News about Bankruptcy in South Dakota and nationwide:

Definitions Accountant Continue On Page...2
(16) “equity security” means— (A) share in a corporation, whether or not transferable or denominated “stock”, or similar security; (B) interest of ...
Read more >


The Honorable Jed Rakoff Approves Settlement of SEC'S Claim for a Civil Penalty Against Worldcom
In its Opinion and Order, the Court concluded that "the proposed settlement is not only fair and reasonable but as good an outcome as anyone could ...
Read more >


U.S. Trustee Program Launches Bankruptcy Civil Enforcement Initiative
WASHINGTON, D.C. The United States Trustee Program has launched an initiative to more aggressively use existing civil enforcement methods to curb a...
Read more >


More Bankruptcy News >

 
 

Bankruptcy Terms

 


Today's Terms

Post-petition

Definition:
Occurring after the filing of a petition. Preference - a payment by a debtor made during a specified period (90 days or one year) prior to the filing that favors one creditor over others.

Bankruptcy estate

Definition:
Generally, the property of the debtor that is subject to the jurisdiction of the bankruptcy court.

Chapter Thirty Three

Definition:
An unofficial term describing a company that has filed for Chapter 11 three times.

More Bankruptcy Terms >

Bankruptcy Resources

 


Search Bankruptcy resources in our resource center:

More Resources >

 

Bankruptcy Hot Topics

 
Topics Related to Bankruptcy:

  • Chapter 7
  • Chapter 13
  • Chapter 11
  • Chapter 12
  • Chapter 9

More Bankruptcy Topics >


South Dakota Bankruptcy Attorney

 
If you live in the following cities and need a Bankruptcy attorney you should contact our Bankruptcy Attorney as soon as possible:

  • Aberdeen
  • Brookings
  • Huron
  • Mitchell
  • Pierre
  • Rapid City
  • Sioux Falls
  • Spearfish
  • Vermillion
  • Watertown
  • Yankton
 


Legal Disclaimers
All attorney listings are a paid attorney advertisement, and do not in any way constitute a referral or endorsement by an approved or authorized lawyer referral service. The information provided on South Dakota Bankruptcy Attorneys.com is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered. Your access to and use of this website is subject to additional Terms and Conditions.

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