State of South Dakota
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EIGHTY-EIGHTH SESSION
LEGISLATIVE ASSEMBLY, 2013
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529U0333
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HOUSE BILL NO. 1071
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Introduced by: The Committee on Judiciary at the request of the Chief Justice
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FOR AN ACT ENTITLED, An Act to revise the contents of the application for the discharge
of a civil judgment debt discharged in bankruptcy.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 15-16-38 be amended to read as follows:
15-16-38. An application under § 15-16-37 shall be sworn under oath and identify each
judgment to be discharged, shall state that each judgment sought to be discharged was listed on
the debtor's bankruptcy schedules, that no judgment sought to be discharged is nondischargeable
under 11 USC § 523 or no order was entered by the bankruptcy court declaring any of the
judgments nondischargeable, shall be accompanied by a certified copy of the judgment debtor's
bankruptcy discharge, shall state the time the judgment creditor has to object as specified in
§ 15-16-39 and the grounds for objection as specified in § 15-16-40 and shall be served at the
expense of the applicant on each judgment creditor either:
(1) In the manner provided for the service of a summons in a civil action accompanied
by an affidavit of service; or
(2) By certified mail to the judgment creditor's last known address as it appears in the
court record accompanied by an affidavit of mailing.