CHAPTER 251

(HB 1231)

Wages exempt from claims in bankruptcy.

         ENTITLED, An Act to  exempt certain wages from claims in bankruptcy.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 43-45-14 be amended to read as follows:

     43-45-14.   The For purposes of garnishment, the earnings of a debtor are exempt from process or levy only to the extent provided in §§ 21-18-51 and 21-18-52 to 21-18-53, inclusive. For the purposes of a petition filed pursuant to 11 U.S.C. §  301 et. seq. only, a debtor's claimed exemptions may include earned, but unpaid earnings, whether or not such earnings have been garnished, subject to the limits of §  43-45-4 and provisions of 11 U.S.C. §  547 .

     Signed March 5, 2007

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