LOCAL BANKRUPTCY RULES (2026)

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LOCAL BANKRUPTCY RULES

FOR THE DISTRICT OF SOUTH DAKOTA

INDEX OF RULES

Rule

1001-1

Scope of Rules and Sample Forms; Short Title.

PART I

COMMENCEMENT OF CASE; PROCEEDINGS RELATING TO

PETITION AND ORDER FOR RELIEF

Rule

1002-1

1007-1

Petition.

Lists (other than mailing list of creditors), Schedules, Statements, and

Payment Advices; Extension of Time to File.

Mailing List of Creditors.

Amendment of a Petition.

Amendment of a List (other than a mailing list of creditors), Schedule,

or Statement (other than a Statement About Your Social Security

Numbers).

Amendment of Social Security Number.

Amendment of a Mailing List of Creditors.

Supplement Schedule I or J.

Transfer of Case or Adversary Proceeding to Another District.

Change of Venue (Division) within District.

Consolidation of Estates in Joint Case; Consolidation or

Deconsolidation of Estates; Joint Administration.

Death or Incompetency of a Debtor.

Waiver of Pre-petition Credit Counseling or Post-petition Financial

Management Course.

Voluntary Conversion to Chapter 11.

Required Documents upon Conversion of Case From Chapter 13 to

Chapter 7.

Trustee's Report Following Conversion From Chapter 13.

1007-2

1009-1

1009-2

1009-3

1009-4

1009-5

1014-1

1014-2

1015-1

1016-1

1016-2

1017-1

1019-1

1019-2

PART II

OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS;

EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS

Rule

2002-1

2002-1A

2002-1B

2002-2

2002-4

2002-5

2003-1

2004-1

2004-2

2014-1

2015-3

2016-1

2016-2

Notices: General and Particular.

Reduced (shortened) Notice.

Limited Notice.

Waiver of Notice of Need to File a Proof of Claim.

Returned Mail or Undeliverable Mail.

Notice of Appearance and Request for Notice.

Meeting of Creditors Under 11 U.S.C. § 341(a).

Content of a Motion Under Fed.R.Bankr.P. 2004.

Filing Transcript of a Rule 2004 Examination.

Employment of Estate Professionals.

Filing Reports.

Disclosure of Compensation.

Fees for Estate Professionals-Standard Application.

2016-3

2016-4

2072-1

2090-1

2091-1

Rule

3003-1

3011-1

3011-2

3015-1A

3015-1B

3015-2

3015-3

3015-4

3015-5

3016-1

3016-2

3016-3

3018-1

3019-1

3019-2

3022-1

3072-1A

3072-1B

Rule

4001-1

4001-2

4001-3

4001-4

4003-1

4003-2

4004-1

4004-2

4007-1

4008-1

Total Legal Fees, Costs, and Expenses for Debtor's Attorneys in

Chapter 13 Cases-Simplified Application.

Administrative Expense other than for Estate Professional.

Debtor's Service of Notice of Bankruptcy Case Filing.

Admission and Practice of Attorneys.

Withdrawal or Substitution of Attorney.

PART III

CLAIMS AND DISTRIBUTION TO CREDITORS AND

EQUITY INTEREST HOLDERS; PLANS

Chapter 11 Deadline to File Proof of Claim or Interest.

Trustee's Responsibility Prior to Depositing Unclaimed Funds.

Payment of Unclaimed Funds.

Chapter 12 Extension of Time to File Plan or Hold Confirmation Hearing.

Chapter 13 Extension of Time to File Plan; Automatic Extension of

Time to Hold Confirmation Hearing.

Chapter 12 or Chapter 13 Required Plan Content.

Chapter 12 or Chapter 13 Confirmation of Plan.

Chapter 12 or Chapter 13 Modification of Plan Before Confirmation.

Chapter 12 or Chapter 13 Modification of Plan After Confirmation.

Chapter 11 Plan Required Content.

Disclosure Statement in a Small Business Case.

Chapter 11 Reductions or Extensions of Time.

Chapter 11 Ballots.

Chapter 11 Modification of Plan Before Confirmation.

Chapter 11 Modification of Plan After Confirmation.

Chapter 11 Discharge and Entry of Final Decree.

Chapter 12 Discharge and Closing Case.

Chapter 13 Discharge and Closing Case.

PART IV

THE DEBTOR: DUTIES AND BENEFITS

Relief From the Automatic Stay or Prohibiting or Conditioning the Use,

Sale, or Lease of Property; Confirming Termination of the Stay.

Authority to Use Cash Collateral.

Authority to Obtain Credit.

Relief From the Codebtor Stay.

Objection to Claimed Exemptions.

Avoiding a Lien on or Other Transfer of Exempt Property.

Extension of Time to File a Denial of Discharge Complaint, a Denial of

Discharge Motion, or a Reaffirmation Agreement or to Defer Entry of

Discharge.

Motion Objecting to Discharge.

Extension of Time to File a Dischargeability Complaint.

Reaffirmation Agreement; Notice of Rescission.

Rule

5001-1

5005-4

5005-5

5005-6

5010-1

5070-1

5071-1

5076-1

5077-1

5080-1

5081-1

Rule

6004-1

6007-1

6070-1

Rule

7001-1

7001-2

7007-1

7010-2

7026-1

7041-1

7054-1

7055-1

7056-1

7069-1

Rule

8007-1

Rule

9001-1

9004-1

9004-2

9004-3

9006-1

9010-1

9014-1

PART V

COURTS AND CLERKS

Receipt and Transmittal of Rent to Lessor Under 11 U.S.C. § 362(l).

Electronic Filing.

Nonpublic Docket Entries.

Documents Received From United States Trustee.

Reopening a Case.

Scheduling a Hearing.

Rescheduling a Hearing, Trial, or Conference.

Electronic Recordings of Hearings or Trials.

Recordings and Transcripts of Hearings or Trials; Filing Transcripts of

Hearings, Trials, Meetings of Creditors, Examinations Under Rule

2004, or Depositions; Redacting Certain Information From Transcripts.

Fees: When Due.

Fees: Form of Payment.

PART VI

COLLECTION AND LIQUIDATION OF THE ESTATE

Sale of Estate Property.

Abandonment of Estate Property.

Payment of Income Tax Refund to Case Trustee.

PART VII

ADVERSARY PROCEEDINGS

Electronic Filing.

Adversary Complaints: Required Content.

Motions in Adversary Proceedings.

Caption for Documents in Adversary Proceedings.

Discovery.

Agreements in Adversary Proceedings.

Judgment Costs.

Default Judgment.

Summary Judgment.

Filing a Satisfaction of Judgment.

PART VIII

BANKRUPTCY APPEALS

Record on Appeal.

PART IX

GENERAL PROVISIONS

Definitions.

General Requirements for Documents Submitted for Filing.

Captions for Documents in a Bankruptcy Case.

Filing and Serving Documents; Certificates of Service.

Extending Time.

Notice of Appearance.

Objection or Other Response in Contested Matter.

9014-2

9014-3

9014-4

9019-1

9021-1

9022-1

9037-1

9070-1

9072-1

9074-1

Withdrawal of Document.

Discovery in a Contested Matter.

Dispositive Motion Regarding Contested Matter.

Agreements.

Service of Orders; Orders upon Default or Satisfaction of a Condition.

Notice of Judgments and Orders.

Substituting a Redacted Document or a Redacted Proof of Claim.

Exhibits.

Proposed Orders.

Telephonic Hearings or Conferences.

INDEX OF APPENDICES

Appendix 1A

Appendix 1B

Appendix 1C

Appendix 1D

Appendix 1E

Appendix 1F

Appendix 1G

Appendix 1H

Appendix 1I

Appendix 1J

Appendix 1K

Appendix 1L

Appendix 1M

Appendix 1N

Appendix 1O

Appendix 2A

Appendix 2B

Appendix 2C

Appendix 2D

Appendix 2E

Appendix 2F

Appendix 2G

Appendix 2H

Appendix 2I

Appendix 2J

Appendix 2K

Appendix 2L

Appendix 2M

Appendix 2N-1

Appendix 2N-2

Appendix 2O-1

Appendix 2O-2

Appendix 2P-1

Appendix 2P-2

Appendix 2Q

PART I

Filing Requirements for Voluntary Cases Filed Under Chapters 7,

11, 12, or 13.

Statement Regarding Payment Advices.

Statement of Corporate Ownership.

Chapter 11 Small Business Debtor's Statement Pursuant to 11

U.S.C. § 1116(1).

Individual Debtor's Statement of Interest in an Education

Individual Retirement Account, Qualified ABLE Program, or

Under a Qualified State Tuition Program Pursuant to 11 U.S.C.

§ 521(c).

Format for Mailing List of Creditors.

Notice of Amendment of Petition.

Notice of Amendment of Schedule.

Notice of Amendment of Statement.

Amendment of Mailing List and Notice of Amendment

(combined).

Amendment of Social Security Number and Notice of

Amendment (combined).

Counties within a Division, District of South Dakota.

Schedule of Required Disclosures after Conversion.

Notice of Change of Party Information (Address or Name).

Motion for Waiver of Credit Counseling and Financial

Management Course.

PART II

General Notice.

Notice of Objection to Claim.

Repealed.

Notice of Telephonic Confirmation Hearing on Chapter 12 or

Chapter 13 Plan.

Repealed.

Notice of Motion to Sell Property of the Estate.

Notice of Application for Fees.

Motion for Reduced (shortened) Notice.

Motion to Limit Notice.

Certificate of Service Regarding Returned or Undeliverable Mail.

Statement Regarding Undeliverable or Returned Mail.

Disclosure of Compensation in a Chapter 7 Case.

Disclosure of Compensation in a Chapter 11, 12, or 13 Case.

Supplemental Disclosure of Compensation (sample 1).

Supplemental Disclosure of Compensation (sample 2).

Application for Fees by Estate Professional-Standard

Application.

Application for Total Legal Fees, Costs, and Expenses for

Debtor's Attorneys in Chapter 13 Cases-Simplified Application.

Order Awarding Fees-Standard Application.

Order Awarding Fees, Costs, and Expenses-Simplified

Application.

Order Authorizing Substitution of an Attorney of Record.

Appendix 2R

Appendix 2S

Appendix 2T

Appendix 2U

Appendix 3A

Appendix 3B

Appendix 3C

Appendix 3D

Appendix 3E

Appendix 3F

Appendix 3G

Appendix 3H

Notice of Hearing on Motion by Debtor's Attorney to Withdraw

From Representation.

Order Authorizing Attorney to Withdraw From Representation.

Request to Receive Electronic Notice.

Request for Discontinuance of Notice.

PART III

Chapter 12 or Chapter 13 Plan.

Repealed.

Order Modifying Confirmed Chapter 11, Chapter 12, or Chapter

13 Plan.

Statement for Submission of Sample Ballots in a Chapter 11

Case.

Chapter 11, Chapter 12, or Chapter 13 Individual Debtor's

Certification and Request for Discharge.

Chapter 11 or 12 Nonindividual (Business) Debtor's Certification

and Request for Discharge.

Application for Payment of Unclaimed Funds.

Appendix 4H

Appendix 4I

Appendix 4J

Appendix 4K

Appendix 4L

Appendix 4M

PART IV

Order Granting Relief From the Automatic Stay (uncontested).

Motion for Authority to Use Cash Collateral.

Motion for Authority to Use Cash Collateral and Request for a

Preliminary Hearing.

Order Granting Preliminary Authority to Use Cash Collateral.

Order Granting Final Authority to Use Cash Collateral.

Motion for Authority to Obtain Credit.

Motion for Authority to Obtain Credit and Request for

Preliminary Hearing.

Order Granting Preliminary Authority to Obtain Credit.

Order Granting Final Authority to Obtain Credit.

Motion to Avoid Certain Liens Under § 522(f).

Order Avoiding Certain Liens.

Supplement to Reaffirmation Agreement.

Notice of Rescission of Reaffirmation Agreement.

Appendix 6A

Appendix 6B

Appendix 6C

Appendix 6D

PART VI

Notice of Proposed Sale of Property Under $2,500.00.

Report of Sale.

Notice of Proposed Abandonment.

Order Compelling Abandonment.

Appendix 7A

Appendix 7B

Appendix 7C

PART VII

Adversary Proceeding Caption.

Order Directing Entry of Default Judgment.

Default Judgment.

Appendix 9A

Appendix 9B

Appendix 9C

Appendix 9D

PART IX

Bankruptcy Case Caption (individual debtor).

Bankruptcy Case Caption (joint debtors).

Bankruptcy Case Caption (nonindividual or business debtor).

Certificate of Service.

Appendix 4A

Appendix 4B

Appendix 4C

Appendix 4D

Appendix 4E

Appendix 4F

Appendix 4G

Appendix 9E

Appendix 9F

Appendix 9G

Appendix 9H

Appendix 9I

Appendix 9J

Appendix 9K

Appendix 9L

Withdrawal of Document.

Agreed Order.

Witness and Exhibit List.

Index for Exhibit Notebook for Evidentiary Hearing or Trial.

Orders Prepared by the Court.

Certificate of Service of a Proposed Order Under Bankr. D.S.D.

R. 9072-1(c).

Signatures Complying with Bankr. D.S.D. R. 9004-1(a)(5)(C)(i).

Signatures Complying with Bankr. D.S.D. R. 9004-1(a)(5)(C)(ii).

Rule 1001-1. Scope of Rules and Sample Forms; Short Title.

These local rules and appendices govern procedures for bankruptcy cases and

adversary proceedings filed in the District of South Dakota under Title 11 of the

United States Code. They are effective July 13, 2026. They shall be cited using

"Bankr. D.S.D. R.," e.g., Bankr. D.S.D. R. 4001-1(b).

Rule

1002-1

1007-1

1007-2

1009-1

1009-2

1009-3

1009-4

1009-5

1014-1

1014-2

1015-1

1016-1

1016-2

1017-1

1019-1

1019-2

PART I

COMMENCEMENT OF CASE; PROCEEDINGS RELATING TO

PETITION AND ORDER FOR RELIEF

Petition.

Lists (other than mailing list of creditors), Schedules, Statements, and

Payment Advices; Extension of Time to File.

Mailing List of Creditors.

Amendment of a Petition.

Amendment of a List (other than a mailing list of creditors), Schedule,

or Statement (other than a Statement About Your Social Security

Numbers).

Amendment of Social Security Number.

Amendment of a Mailing List of Creditors.

Supplement Schedule I or J.

Transfer of Case or Adversary Proceeding to Another District.

Change of Venue (Division) within District.

Consolidation of Estates in Joint Case; Consolidation or

Deconsolidation of Estates; Joint Administration.

Death or Incompetency of a Debtor.

Waiver of Pre-petition Credit Counseling or Post-petition Financial

Management Course.

Voluntary Conversion to Chapter 11.

Required Documents upon Conversion of Case From Chapter 13 to

Chapter 7.

Trustee's Report Following Conversion From Chapter 13.

Rule 1002-1. Petition.

(a) Form. A petition shall conform to the appropriate official form and shall be

typewritten. Only the original petition shall be filed (no copies).

(b) Other names used. In the answer to question 2 of the petition, an individual

debtor shall include married and maiden names and any assumed, trade names and

doing business as names. In the answer to question 4 of the petition, an individual

debtor shall include any Employer Identification Number for a business the debtor

presently operates as a sole proprietorship or previously operated as a sole

proprietorship within eight years before filing the petition. In the answer to question

12 of the petition, an individual debtor shall include the business name and location

only of a sole proprietorship the debtor presently operates. Any sole proprietorship

listed in a debtor's answer to question 12 shall also be listed in the debtor's answer

to question 2.

REFERENCES: 11 U.S.C. §§ 301 and 303; Fed.Rs.Bankr.P. 1002, 1005, 1006, 9004,

9009, and 9011; Official Forms 101, 101A, 101B, 105, 201, 201A, 202, and 205.

Practice Pointers: A checklist of filing requirements for each chapter may be found

at Appendix 1A.

Always set forth an individual debtor's full legal name, including the debtor's full

middle name, on a petition. If the debtor does not have a middle name, indicate that

on the petition with "nmn." Do not include a corporation, a partnership, a limited

liability company, or any other formal legal entity or organization in any answer to a

question on the petition for an individual debtor.

If a married couple files a joint petition, only one joint debtor should be reflected on

the petition as previously or presently operating a particular business as a sole

proprietorship. If both joint debtors are associated with the same business, it

indicates the couple operated the business as a partnership, not a sole proprietorship.

However, a partnership is a legal entity that must file a separate petition to obtain

bankruptcy relief.

When a partnership, corporation, or other formal legal entity is the debtor, set forth

its full legal name on the petition, including any punctuation. For example, do not

list the debtor as just "Bob's Café" if the business entity's full legal name is "Bob's

Café and Catering, L.L.P." If appropriate, "Bob's Café" may be listed on the petition

as an assumed name, a trade name, or a "doing business as" name for "Bob's Café

and Catering, L.L.P."

Rule 1007-1. Lists (other than mailing list of creditors), Schedules, Statements, and

Payment Advices; Extension of Time to File.

(a) Form.

(1) Lists (other than mailing list of creditors), schedules, and statements. All

lists (other than the mailing list of creditors), schedules, and statements shall

conform to the official forms and be typewritten. A creditor shall be listed at

the creditor's own address and shall not be listed only in care of its attorney

at the attorney's address.

(2) Payment advices. Payment advices (also known as wage or earnings

statements) shall be attached to a signed and dated statement that conforms

to Appendix 1B.

(b) Non-disclosure of personal data identifiers. The debtor is solely responsible for

redacting any personal data identifiers that may appear in the documents governed

by this rule. The Clerk shall have no responsibility for doing so and no liability for

not doing so.

(1) Minor children or other dependents. Unless otherwise ordered, a debtor

shall disclose only the relationship (e.g., "child" or "parent"), not the full name

or initials, of any dependent and only the age of the dependent, not the full

date of birth of the dependent.

(2) Social Security number. A debtor represented by an attorney shall disclose

his full Social Security number only through the electronic petition filing

process. A debtor not represented by an attorney shall file an Official Form

121, Statement About Your Social Security Numbers, with his petition. If a

debtor needs to disclose a Social Security number in any other document

governed by this rule, the debtor shall list only the last four digits. Unless

otherwise ordered, a debtor shall not disclose the Social Security number of a

dependent.

(3) Account numbers. Unless otherwise ordered, a debtor shall include only

the last four digits of any account number on schedule D, schedule E/F, or any

other document governed by this rule.

the contrary in the Federal Rules of Bankruptcy Procedure, only an individual debtor

shall file Official Forms 106C, 106I, 106J, 106J-2, 122A-1, 122A-1Supp, 122A-2,

122B, 122C-1, or 122C-2, the payment advices described in Fed.R.Bankr.P.

1007(b)(1)(E) and paragraph (a)(2) above, and the record of any interest the debtor

has in an account or program of the type specified in 11 U.S.C. § 521(c).

(d) Submission. Only the original of each list, schedule, and statement shall be filed

with the Court (no copies).

(e) Extension of time to file.

(1) Motion and service. A motion to extend the time to file a list, schedule,

statement, or payment advices shall be filed before the existing deadline set

by 11 U.S.C. § 521 or § 1106(a)(2), Fed.R.Bankr.P. 1007 or 7007.1(b), or an

order has expired and shall state the cause for the extension requested and

the specific extension requested (e.g., "until April 1, 2023"). Absent exigent

circumstances, the motion should not request an extension to a date that is

fewer than three days before the meeting of creditors under 11 U.S.C.

§ 341(a). The motion shall constitute notice of the extension sought and shall

be served on parties in interest not electronically served.

(2) Objection. Any objection or other response to a motion to extend the time

to file a list, schedule, statement, or payment advices shall be filed with the

Court within seven days after the motion is filed with the Court and served on

the movant and any other party in interest not electronically served.

(f) Statement of corporate ownership. A corporate debtor under any chapter shall

file the statement of corporate ownership required by Fed.R.Bankr.P. 1007(a)(1)

using the form at Appendix 1C.

(g) Chapter 11 statement under 11 U.S.C. § 1116(1). A debtor in a small business

chapter 11 case and a debtor who has elected to be a debtor under subchapter V of

chapter 11 shall file a statement regarding certain business records using the form

at Appendix 1D and attach thereto, when applicable, the business records required

by 11 U.S.C. § 1116(1)(A).

(h) Record of interest in certain education related accounts and programs. An

individual debtor shall file a record of any interest the debtor has in an education

individual retirement account, a qualified ABLE program, or a qualified state tuition

program, as defined in 11 U.S.C. § 521(c), by attaching the record(s) to the form at

Appendix 1E.

REFERENCES: 11 U.S.C. §§ 341, 521, and 1116; 26 U.S.C. §§ 529(b)(1) and

530(b)(1); Fed.Rs.Bankr.P. 1007, 9004, and 9037; Official Forms 106A/B, 106C,

106D, 106E/F, 106G, 106H, 106I, 106J, 106J-2, 107, 108, 121, 122A-1, 122A1Supp, 122A-2, 122B, 122C-1, 122C-2, 206A/B, 206D, 206E/F, 206G, 206H, and

207.

Practice Pointer: A checklist of filing requirements for each chapter may be found at

Appendix 1A.

Rule 1007-2. Mailing List of Creditors. A debtor not represented by an attorney

shall file, with the petition, a mailing list of creditors that includes the full name and

the full mailing address for each creditor and any other party in interest that has been

or will be listed on the debtor's schedules D, E/F, G, and H, excluding the debtor,

any case trustee, and the United States Trustee. The mailing list of creditors shall

strictly conform to the guidelines, the sample mailing list, and the "Trouble Sheet"

at Appendix 1F. If a debtor not represented by an attorney has more than ten

creditors, the debtor shall also submit the mailing list of creditors electronically, as

may be directed by the Bankruptcy Clerk.

REFERENCES: 11 U.S.C. § 521(a)(1)(A); Fed.R.Bankr.P. 1007(a).

Rule 1009-1. Amendment of a Petition.

(a) Required documents. If a petition contains information that is incorrect or

incomplete as of the petition date, excluding a Social Security number, the debtor

shall file:

(1) an amended petition, using the appropriate official form, and checking the

"amended filing" box at the top right of the first page; and

(2) a notice of amendment that conforms to Appendix 1G and states each

change from the original petition that is being made in the amended petition.

(b) Service. If the amended petition is filed before the Clerk generates the notice of

bankruptcy case filing, the debtor shall serve the notice of amendment on parties in

interest not electronically served. If the amended petition is filed after the Clerk

generates the notice of bankruptcy case filing, the debtor shall serve the notice of

amendment on all creditors and other parties in interest not electronically served.

REFERENCE: Fed.R.Bankr.P. 1009.

Practice Pointer: An amendment of a list (other than a mailing list of creditors),

schedule, or statement (other than a Statement About Your Social Security Numbers,

Official Form 121) is governed by Bankr. D.S.D. R. 1009-2. An amendment of a

Social Security number is governed by Bankr. D.S.D. R. 1009-3. An amendment of

a mailing list of creditors is governed by Bankr. D.S.D. R. 1009-4.

Rule 1009-2. Amendment of a List (other than a mailing list of creditors), Schedule,

or Statement (other than a Statement About Your Social Security Numbers).

(a) Required documents. If a list (other than a mailing list of creditors), schedule, or

statement (other than a Statement About Your Social Security Numbers, Official

Form 121) contains information that is incorrect or incomplete as of the petition date,

the debtor shall file:

(1) an amended list, schedule, or statement, using the appropriate official

form, if any, and checking the "amended filing" box at the top right of the first

page of the list, schedule, or statement, if such a box is provided. If the list,

schedule, or statement to be amended does not have a box by which its

amended nature may be designated, the document shall be labeled

"AMENDED" in the title of the document. If the official form for the list,

schedule, or statement to be amended does not include a signature page, the

debtor shall include, as the last page of the amended list, schedule, or

statement, a fully completed Declaration About an Individual Debtor's

Schedules (Official Form 106Dec) or a fully completed Declaration Under

Penalty of Perjury for Non-Individual Debtors (Official Form 202).

(2) a notice of amendment that conforms to Appendix 1H or Appendix 1I and

states each change from the original document that is being made in the

amended document.

(b) Service of the notice. The debtor shall serve the notice of amendment on parties

in interest not electronically served, including any creditor being added or deleted by

the amendment or whose claim is being modified by the amendment, except when

a schedule C is amended the debtor shall serve the notice of amendment on all

creditors and other parties in interest not electronically served.

REFERENCES: Fed.Rs.Bankr.P. 1007, 1008, and 1009.

Practice Pointers: An amendment of a Social Security number is governed by Bankr.

D.S.D. R. 1009-3. An amendment of a mailing list of creditors is governed by Bankr.

D.S.D. R. 1009-4.

A debtor does not need to amend both the mailing list of creditors and a schedule.

If a creditor was omitted from a schedule or if the claim information on a schedule

for a particular creditor is incorrect, the debtor should file an amended schedule and

the Clerk will update the mailing list of creditors, if necessary. If the creditor and the

creditor's claim were correctly included on the appropriate schedule but the creditor's

name or address was missing from the mailing list of creditors or if the address was

listed incorrectly on the mailing list of creditors, the debtor should amend only the

mailing list of creditors.

Rule 1009-3. Amendment of Social Security Number.

(a) Required content. If a debtor needs to correct a Social Security number that was

either electronically uploaded with a petition or set forth in a Statement About Your

Social Security Numbers, the debtor shall file a combined amendment and notice of

amendment that conforms to Appendix 1K. The amendment shall specifically state

the change being made, and in the case of joint debtors, shall identify the debtor

associated with the number being corrected.

(b) Service. If the amendment is filed before the Clerk generates the notice of

bankruptcy case filing, the debtor shall serve the combined amendment and notice

of amendment on parties in interest not electronically served. If the amendment is

filed after the Clerk generates the notice of bankruptcy case filing, the debtor shall

serve the combined amendment and notice of amendment on all creditors and other

parties in interest not electronically served.

REFERENCE: Fed.R.Bankr.P. 1009.

Practice Pointer: To foster privacy of a debtor's full Social Security number, this

amendment and notice of amendment will not be available for viewing on the public

docket.

Rule 1009-4. Amendment of a Mailing List of Creditors.

(a) By a debtor. If a debtor needs to correct the mailing list of creditors that was

either electronically uploaded when the case was commenced or filed pursuant to

Bankr. D.S.D. R. 1007-2, the debtor shall file a combined amendment and notice of

amendment that conforms to Appendix 1J. The amendment shall specifically state

each change being made. The debtor shall serve the combined amendment and

notice of amendment on parties in interest not electronically served.

(b) By a creditor or other party in interest. A creditor or other party in interest shall

correct its name or address on the mailing list of creditors by filing a signed and dated

notice that conforms to Appendix 1N.

REFERENCES 11 U.S.C. § 521(a)(1)(A); Fed.Rs.Bankr.P. 1007(a)(1) and 1009(a).

Practice Pointers: A debtor does not need to amend both the mailing list of creditors

and a schedule. If a creditor was omitted from a schedule or if the claim information

on a schedule for a particular creditor is incorrect, the debtor should file an amended

schedule and the Clerk will update the mailing list of creditors, if necessary. If the

creditor and the creditor's claim were correctly included on the appropriate schedule

but the creditor's name or address was missing from the mailing list of creditors or

if the address was listed incorrectly on the mailing list of creditors, the debtor should

amend only the mailing list of creditors.

A debtor does not need to amend the mailing list of creditors or a schedule when an

undeliverable document is returned to the debtor or the debtor's attorney or when

the debtor or the debtor's attorney receives a notice from the Bankruptcy Noticing

Center that a document is undeliverable. When a document is undeliverable, the

debtor should instead comply with Bankr. D.S.D. R. 2002-4.

Rule 1009-5. Supplement Schedule I or J. If an individual debtor in a chapter 11,

chapter 12, or chapter 13 case wants to show or is directed by the Court to show a

post-petition change in income or a post-petition change in expenses in support of a

proposed plan, a motion, or a response, the debtor shall file the fully completed

schedule I or schedule J using the appropriate official form, checking the box at the

top right of the first page of the schedule indicating it is a supplement showing postpetition income or expenses, inserting the date on which the information in the

supplement schedule was determined, and attaching as the last page of the

supplement schedule a fully completed Declaration About an Individual Debtor's

Schedules (Official Form 106Dec). The debtor shall serve the supplement schedule

I or the supplement schedule J on parties in interest not electronically served and on

any party requesting a copy.

REFERENCES: Official Forms 106I and 106J.

Practice Pointers: A debtor should file an amended schedule I or an amended

schedule J if information in the original schedule was incorrect as of the petition

date. An amendment of a schedule is governed by Bankr. D.S.D. R. 1009-2. If

information in a schedule I or a schedule J has changed post-petition, a chapter 12

or a chapter 13 debtor may file a supplement schedule I or a supplement schedule J

to reflect those changes.

Although Official Forms 106I and 106J only reference a chapter 13 case with the

check box for a supplement schedule, the official forms may be used to file a

supplement schedule I or a supplement schedule J in either a chapter 12 or a chapter

13 case.

A chapter 12 or a chapter 13 debtor may reference a supplement schedule I or a

supplement schedule J in a proposed plan, a motion, or a response but is not required

to attach the supplement schedule to the proposed plan, the motion, or the response.

However, if a debtor references a supplement schedule I or a supplement schedule J

in a proposed plan, a motion, or a response, the debtor should have already filed the

supplement schedule or the debtor must file the supplement schedule at the same

time the proposed plan, the motion, or the response is filed.

Rule 1014-1. Transfer of Case or Adversary Proceeding to Another District. A

motion to transfer a case or adversary proceeding to another district shall state the

cause for such relief and shall be served with a notice of motion on all creditors and

other parties in interest not electronically served. The notice shall conform to Bankr.

D.S.D. R. 2002-1(a) and shall set forth a last date (month, day, year) for filing an

objection or other response that is 14 days after service of the motion and the notice

of motion.

REFERENCES: 28 U.S.C. §§ 1408, 1409, and 1412; Fed.R.Bankr.P. 1014.

Practice Pointer: If any party is served by mail or under the provisions of Fed.R.Civ.P.

5(b)(2)(D) [leave with clerk] or (F) [other means consented to], the notice period

stated above shall be increased three days pursuant to Fed.R.Bankr.P. 9006(f).

Rule 1014-2. Change of Venue (Division) within District. A motion to change the

venue of a case or an adversary proceeding to another division within this district

shall state the cause for such relief and shall be served with a notice of motion on

all creditors and other parties in interest not electronically served. The notice shall

conform to Bankr. D.S.D. R. 2002-1(a) and shall set forth a last date (month, day,

year) for filing an objection or other response that is 14 days after service of the

motion and the notice of motion.

Practice Pointers: A list of the counties within each division of the District of South

Dakota, the Bankruptcy Court sites, and the Bankruptcy Clerk's offices may be found

at Appendix 1L.

If any party is served by mail or under the provisions of Fed.R.Civ.P. 5(b)(2)(D) [leave

with clerk] or (F) [other means consented to], the notice period stated above shall be

increased three days pursuant to Fed.R.Bankr.P. 9006(f).

Rule 1015-1.

Consolidation of Estates in Joint Case; Consolidation or

Deconsolidation of Estates; Joint Administration.

(a) Joint case. Unless otherwise ordered, the estates in a joint case filed under 11

U.S.C. § 302(a) are substantively consolidated for all purposes pursuant to 11 U.S.C.

§ 302(b).

(b) Motion to substantively consolidate or to deconsolidate.

A motion to

substantively consolidate two or more estates under Fed.R.Bankr.P. 1015(b) or a

motion to deconsolidate the estates of joint debtors or other estates previously

consolidated shall state the cause for such relief and shall be served with a notice of

motion on all creditors and other parties in interest not electronically served. The

notice shall conform to Bankr. D.S.D. R. 2002-1(a) and shall set forth a last date

(month, day, year) for filing an objection or other response that is 21 days after

service of the motion and the notice of motion.

cases or a motion to discontinue the joint administration of two or more cases

previously joined shall state the cause for such relief and shall be served with a notice

of motion on all creditors and other parties in interest not electronically served. The

notice shall conform to Bankr. D.S.D. R. 2002-1(a) and shall set forth a last date

(month, day, year) for filing an objection or other response that is 21 days after

service of the motion and the notice of motion.

REFERENCES: 11 U.S.C. § 302; Fed.Rs.Bankr.P. 1015 and 2009.

Practice Pointers: Substantive consolidation and joint administration are distinct legal

procedures. Under joint administration, the estates are not combined, but the

separate cases are handled under one docket for convenience and efficiency.

Separate accounts are kept, and a separate distribution of nonexempt assets is made

to creditors. Fed.R.Bankr.P. 2009(e). When cases involving different debtors are

substantively consolidated, the bankruptcy estates are combined into one, and only

a single distribution to all the creditors from all the consolidated cases is made from

all the consolidated assets. Although no Bankruptcy Code section or federal rule

specifically governs substantive consolidation, some courts rely on 11 U.S.C.

§ 105(a) for authority. See In re Glen J. Brinkman, Bankr. No. 94-30004, slip op.

(Bankr. D.S.D. June 20, 1994).

When either substantive consolidation or joint administration is sought, a motion

needs to be filed in each affected case and all creditors and other parties in interest

in each case shall be served.

If any party is served by mail or under the provisions of Fed.R.Civ.P. 5(b)(2)(D) [leave

with clerk] or (F) [other means consented to], the notice periods stated above shall

be increased three days pursuant to Fed.R.Bankr.P. 9006(f).

Rule 1016-1. Death or Incompetency of a Debtor.

(a) Death of a debtor–administration of case continues. If a debtor dies during the

administration of a case but the administration of the case can continue as provided

by Fed.R.Bankr.P. 1016, the debtor's attorney or a legally appointed representative

of the debtor's testate or intestate estate shall file a statement advising the Court of

the debtor's death and setting forth the date of death, the date any legal

representative was appointed, and the contact information for any legally appointed

representative. The statement shall be served on parties in interest not electronically

served.

(b) Death of a debtor–administration of case cannot continue. If a debtor dies during

the administration of the case and the administration of the case cannot continue,

the debtor's attorney, the case trustee, or a legally appointed representative of the

debtor's testate or intestate estate shall move to dismiss the case.

administration of the case, the guardian or conservator appointed for the debtor shall

file a statement advising the Court of the debtor's incompetency and setting forth

the date the guardian or conservator was appointed and the contact information for

the guardian or conservator. A copy of the guardianship or conservatorship order

shall be attached to the statement. The statement shall be served on parties in

interest not electronically served.

REFERENCES: 11 U.S.C. §§ 707, 1112, 1208, and 1307; Fed.R.Bankr.P. 1016.

Practice Pointer: Most often, a legal representative appointed for a deceased debtor

or a guardian or conservator appointed for an incompetent debtor will need to retain

an attorney admitted to the federal bar for this district to assist in complying with

this rule and filing the necessary documents. The representative, guardian, or

conservator may file the documents required by this rule only if he or she is an

attorney admitted to the federal bar for this district.

Rule 1016-2. Waiver of Pre-petition Credit Counseling or Post-petition Financial

Management Course. A motion under 11 U.S.C. § 109(h)(4) seeking a waiver of the

pre-petition credit counseling required by 11 U.S.C. §§ 109(h)(1) and 521(b), the

post-petition financial management course required by 11 U.S.C. § 727(a)(11),

§ 1141(d)(3)(C), or § 1328(g)(1), or both shall substantially conform to

Appendix 1O, be signed by the debtor's attorney, and be served with a notice of

motion on parties in interest not electronically served. The notice shall conform to

Bankr. D.S.D. R. 2002-1(a) and Appendix 2A and shall set forth a last date (month,

day, year) for filing an objection or other response that is seven days after service of

the motion and the notice of motion.

REFERENCES:

11 U.S.C. §§ 109(h), 521(b), 727(a)(11), 1141(d)(3)(C), and

1328(g)(1); Fed.R.Bankr.P. 1007(c).

Practice Pointers:

When a waiver of the pre-petition credit counseling is sought, the motion should be

filed the same day the petition is filed. Unless the debtor's disability is temporary,

the motion should seek the waiver of both the credit counseling and the financial

management course. If the death or disability of a debtor occurs after the petition

date but before the debtor has completed the financial management course, the

debtor's attorney should promptly file a motion for a waiver of the financial

management course.

A guardian or a person holding a power of attorney may not complete either the prepetition credit counseling or the post-petition financial management course for a

debtor.

If any party is served by mail or under the provisions of Fed.R.Civ.P. 5(b)(2)(D) [leave

with clerk] or (F) [other means consented to], the notice period stated above shall be

increased three days pursuant to Fed.R.Bankr.P. 9006(f).

Rule 1017-1. Voluntary Conversion to Chapter 11. Any debtor voluntarily seeking

conversion of the debtor's case from chapter 7, 12, or 13 to chapter 11 shall state

in the motion to convert whether the debtor qualifies as a small business debtor as

defined by 11 U.S.C. § 101(51C) and (51D) and whether the debtor elects to

proceed under subchapter V of chapter 11.

Rule 1019-1. Required Documents upon Conversion of Case From Chapter 13 to

Chapter 7.

(a) Financial status documents. A debtor whose case is converted from chapter 13

to chapter 7 shall, on or before the 14th day after the entry of the notice of

conversion or the order of conversion, file and serve on parties in interest not

electronically served the documents set forth below. The debtor may combine the

information required by paragraphs (4) and (5) in one document titled Schedule of

Required Disclosures after Conversion that conforms to Appendix 1M:

(1) a Chapter 7 Statement of Your Current Monthly Income (Official Form

122A-1 and, if appropriate, Official Forms 122A-1Supp or 122A-2) that sets

forth the debtor's financial circumstances as of the petition date;

(2) if a debtor believes he or she is exempt from a presumption of abuse, a

Statement of Exemption from Presumption of Abuse Under § 707(b)(2)

(Official Form 122A-1Supp);

(3) if a debtor indicates on the Chapter 7 Statement of Your Current Monthly

Income (Official Form 122A-1), line 14b, there is a presumption of abuse, a

Chapter 7 Means Test Calculation (Official Form 122A-2);

(4) a schedule of either unpaid debts incurred after the filing of the petition

and before conversion of the case, as set forth in Fed.R.Bankr.P. 1019(5)(B)(i),

or if a plan was confirmed, unpaid debts incurred after confirmation but before

conversion, as set forth in Fed.R.Bankr.P. 1019(5)(C)(ii). If more than five

creditors are listed in this schedule, the debtor, regardless of whether the

debtor is represented by counsel, shall attach to the schedule a mailing list of

creditors that conforms to Appendix 1F of these local rules;

(5) if the case was converted after confirmation of a plan,

(A) and the Court has determined 11 U.S.C. § 348(f)(2) applies, a

schedule of property acquired after the filing of the petition but before

conversion, as set forth in Fed.R.Bankr.P. 1019(5)(C)(i); and

(B) a schedule of executory contracts and unexpired leases entered into

or assumed after the filing of the petition but before conversion, as set

forth in Fed.R.Bankr.P. 1019(5)(C)(iii); and

(6) a supplement schedule I and a supplement schedule J that comply with

Bankr. D.S.D. R. 1009-5 and set forth the debtor's financial circumstances as

of the conversion date.

(b) Statement of intention. A debtor whose case is converted from chapter 13 to

chapter 7 shall, on or before the 30th day after the entry of the notice of conversion

or the order of conversion or before the first date set for the chapter 7 meeting of

creditors, whichever is earlier, file and serve on parties in interest not electronically

served a Statement of Intention for Individuals Filing Under Chapter 7 (Official Form

108).

Rule 1019-2. Trustee's Report Following Conversion From Chapter 13. If a chapter

13 case converts to a chapter 7 case, the chapter 13 trustee shall file a final report

and account and transmit it to the United States Trustee on or before the later of 30

days after the date of conversion or 45 days after all checks or other forms of

payment issued pre-conversion by the chapter 13 trustee have either been negotiated

by the payee or cancelled by the chapter 13 trustee.

PART II

OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS;

EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS

Rule

2002-1

2002-1A

2002-1B

2002-2

2002-4

2002-5

2003-1

2004-1

2004-2

2014-1

2015-3

2016-1

2016-2

2016-3

2016-4

2072-1

2090-1

2091-1

Notices: General and Particular.

Reduced (shortened) Notice.

Limited Notice.

Waiver of Notice of Need to File a Proof of Claim.

Returned Mail or Undeliverable Mail.

Notice of Appearance and Request for Notice.

Meeting of Creditors under 11 U.S.C. § 341(a).

Content of a Motion Under Fed.R.Bankr.P. 2004.

Filing Transcript of a Rule 2004 Examination.

Employment of Estate Professionals.

Filing Reports.

Disclosure of Compensation.

Fees for Estate Professionals-Standard Application.

Total Legal Fees, Costs, and Expenses for Debtor's Attorneys in

Chapter 13 Cases-Simplified Application.

Administrative Expense other than for Estate Professional.

Debtor's Service of Notice of Bankruptcy Case Filing.

Admission and Practice of Attorneys.

Withdrawal or Substitution of Attorney.

Rule 2002-1. Notices: General and Particular.

(a) General notice. A notice of a motion, application, or other request for relief,

including a notice of an objection to claimed exempt property (but excluding a notice

of an objection to the allowance of a claim, a notice of a confirmation hearing in a

chapter 12 or chapter 13 case, a notice of an application for fees, and a notice of a

motion to approve a sale of estate property) shall conform to Appendix 2A; shall

include the last date (month, day, year), as determined by paragraph (f) below, by

which an objection or other response must be filed with the Court and served in

compliance with Bankr. D.S.D. R. 9014-1(b); and shall state a hearing will be set by

separate order if an objection is timely filed with the Court.

(b) Notice of an objection to the allowance of a claim. A notice of an objection to

the allowance of a claim shall conform to Appendix 2B and shall include a last date

(month, day, year) by which a response must be filed with the Court and served in

compliance with Bankr. D.S.D. R. 9014-1(b) that is 30 days after service of the

objection.

confirmation hearing in a chapter 12 case or in a chapter 13 case will be prepared

and filed by the Clerk, shall conform to Appendix 2D, and shall include:

(1) a last date (month, day, year) by which an objection or other response

must be filed with the Court and served in compliance with Bankr. D.S.D. R.

9014-1(b) that is 21 days after service of the plan but not fewer than seven

days after the first date set for the meeting of creditors under 11 U.S.C.

§ 341(a) and Fed.R.Bankr.P. 2003(a) or fewer than seven days before the date

of the confirmation hearing;

(2) the date and time of the telephonic confirmation hearing as provided by

the Scheduling Deputy Clerk; and

(3) if requested by the case trustee, the date, time, and place of any preconfirmation meeting.

(d) Notice of a motion to sell property of the estate. A notice of a motion to sell

property of the estate shall conform to Fed.R.Bankr.P. 2002(c)(1) and Appendix 2F,

and shall include:

(1) a last date (month, day, year) by which an objection or other response

must be filed with the Court and served in compliance with Bankr. D.S.D. R.

9014-1(b) that is 21 days after service of the motion;

(2) a description of the property to be sold, including a legal description for

any real property to be sold and the make, model, year of manufacturing, and

an identification number for any vehicle, motorcycle, or boat to be sold; and

(3) a summary of the terms of the proposed sale.

(e) Notice of an application for fees in excess of $1,000.00. A notice of an

application for fees in excess of $1,000.00 shall conform to Fed.R.Bankr.P.

2002(c)(2) and Appendix 2G, and shall include:

(1) a last date (month, day, year) by which an objection or other response

must be filed with the Court and served in compliance with Bankr. D.S.D. R.

9014-1(b) that is 21 days after service of the application; and

(2) the identity of the applicant and the amounts sought for compensation for

services, applicable sales tax, and reimbursement of expenses.

(f) Determining the last date to file an objection or other response included in a notice.

(1) The last date for filing and serving an objection or other response set forth

in a notice shall be the date on which the required notice period prescribed by

the Code, applicable Federal Rule of Bankruptcy Procedure, local rule, or order

expires, plus an additional three days as provided by Fed.R.Bankr.P. 9006(f)

if any party is served by mail or under the provisions of Fed.R.Civ.P. 5(b)(2)(D)

[leave with clerk] or (F) [other means consented to]. The last date shall also

not be fewer than three days prior to any scheduled hearing, unless the Court

for cause directs otherwise. If the last date falls on a Saturday, Sunday, or

federal holiday, then the next day that is not a Saturday, Sunday, or federal

holiday shall be used in the notice as the last date for filing and serving an

objection or other response.

(2) If notice of a particular motion, application, or other request for relief is

required by the Code or Federal Rules of Bankruptcy Procedure but the length

of notice is not prescribed by the Code or Federal Rules of Bankruptcy

Procedure, a local rule, or an order, the notice given shall be reasonable under

the circumstances. Absent exigent circumstances, seven days notice is

presumed reasonable.

REFERENCES: 11 U.S.C. §§ 342, 1128, 1224, and 1324; Fed.Rs.Bankr.P. 2002,

3020(b), and 9013.

Practice Pointers: A list of common motions and applications and the required notice

period for each is maintained on the Court's website at www.sdb.uscourts.gov under

Practice Pointers and then Notice and Service Requirements.

Provided below is a sample calculation for determining a last date for objections

under paragraph (f)(1):

A creditor's attorney prepares a motion to dismiss a chapter 12 case

and a notice, which he or she intends to file and serve by mail on

September 14, 2022. A hearing on the motion does not yet need to be

set. Under Fed.R.Bankr.P. 2002(a)(4), the creditor's attorney must give

21 days notice of that motion. Under Fed.R.Bankr.P. 9006(f), the

creditor's attorney must also give an additional three days notice

because the notice is being served both by mail and electronically. The

minimum notice period, therefore, is a total of 24 days. The attorney

counts the notice period beginning the day after the motion is to be

served, September 15, 2022. The twenty-fourth day falls on Saturday,

October 8, 2022. The next day that is not a Saturday, Sunday, or

federal holiday is Tuesday, October 11, 2022. Under this local rule, the

last date for filing and serving an objection set forth in this notice would

therefore be October 11, 2022.

Rule 2002-1A. Reduced (shortened) Notice.

(a) Motion. A motion to reduce a notice period required by the Code, the Federal

Rules of Bankruptcy Procedure, these local rules, or an order, unless the reduction is

otherwise proscribed by another Federal Rule of Bankruptcy Procedure, as set forth

in Fed.R.Bankr.P. 9006(c)(2), shall be filed with the motion, application, plan, or

other request for relief for which reduced notice is sought. The motion shall conform

to Appendix 2H, shall specify the desired date (month, day, year) by which an

objection or other response to the underlying motion, application, plan, or other

request for relief must be filed with the Court and served, and shall state the cause

for such relief. The movant shall serve the motion to reduce notice on parties in

interest not electronically served.

(b) Order and notice. If a motion for reduced notice is granted, the order will set

forth the last date for filing an objection that shall be included in the notice of the

underlying motion, application, plan, or other request for relief. The notice shall also

include the following sentence after the last date for filing an objection: "The notice

period provided herein has been reduced pursuant to an order entered [insert date of

the order reducing notice]." If the notice is for a confirmation hearing on a chapter

12 or a chapter 13 plan, the Clerk will prepare and file the notice. The movant shall

prepare and file the notice regarding any other matter.

shall serve the underlying motion, application, plan, or other request for relief and

the notice on the parties and within the time directed by the Court in the order, and

file a certificate of service.

REFERENCES: 11 U.S.C. § 342; Fed.Rs.Bankr.P. 2002, 9006(c), and 9007.

Practice Pointers: Certain notice periods cannot be reduced. See Fed.R.Bankr.P.

9006(c)(2).

This procedure does not apply to a motion for use of cash collateral or a motion for

authority to obtain credit, which are separately governed by Fed.Rs.Bankr.P.

4001(b)(2) and (c)(2) and Bankr. D.S.D. Rs. 4001-2 and 4001-3. Rather than

requesting reduced notice, the movant must request a preliminary hearing on those

motions.

A party requesting reduced notice should not merely state it will "suffer irreparable

harm" if the notice period is not reduced. Instead, the movant should set forth

specific facts supporting reduced notice and the reasonably anticipated

consequences to the movant or others if the notice period is not reduced.

Until the Court either grants or denies the motion for reduced notice, the movant

should only file the underlying motion, application, plan, or other request for relief,

the motion for reduced notice, and a certificate of service regarding the motion for

reduced notice.

If the motion for reduced notice is granted, the movant will file a notice that includes

the last date for filing objections specified in the order reducing notice and a reference

to the order reducing notice and then serve the notice and the underlying motion,

application, or other request for relief. The exception is if the notice is for a

confirmation hearing on a chapter 12 or a chapter 13 plan. The clerk will prepare

and file the confirmation hearing notice and then the movant will serve the notice

and the underlying plan.

If the motion for reduced notice is denied, the Court's order will direct the movant

to prepare, file, and serve a regular notice regarding the movant's underlying motion,

application, or other request for relief. The exception is if the notice is for a

confirmation hearing on a chapter 12 or a chapter 13 plan. The clerk will prepare

and file the regular confirmation hearing notice and then the movant will serve the

notice and the underlying plan.

The movant should anticipate serving any notice with a reduced notice period on the

same day the motion for reduced notice is filed with the Court. Accordingly, the

earlier in the day the motion for reduced notice is filed, the better.

Rule 2002-1B. Limited Notice.

(a) Automatic limitation of notice in chapter 7 asset cases. In any chapter 7 case, if

more than 90 days have passed since the Clerk has notified creditors of the need to

file proofs of claim, any notice required by the Code, the Federal Rules of Bankruptcy

Procedure, these local rules, or an order to be served on "all creditors and other

parties in interest," need only be served on creditors that have timely filed a proof of

claim, creditors that may still timely file a proof of claim, and the other parties in

interest not electronically served.

(b) Motion to limit notice. A motion to limit the parties to be served with a notice

required by the Code, the Federal Rules of Bankruptcy Procedure, these local rules,

or an order shall be filed with the underlying motion, application, plan, or other

request for relief for which limited notice is sought. The motion shall conform to

Appendix 2I, shall specify the parties to whom notice is to be limited, and shall state

the cause for such relief. The movant shall serve the motion on parties in interest

not electronically served.

REFERENCES: 11 U.S.C. § 342; Fed.Rs.Bankr.P. 2002 and 9007.

Practice Pointer: The movant should not prepare and file a notice or a certificate of

service and should not file or serve any documents other than those specified in the

rule until the Court rules on the motion to limit notice. Once the Court rules on the

motion to limit notice, the movant may prepare, file, and serve a notice and a

certificate of service in the manner directed by the Court in its order.

Rule 2002-2. Waiver of Notice of Need to File a Proof of Claim. If a chapter 7

trustee determines estate assets are sufficient to pay only administrative expenses

in full or in part, the trustee may file a Notice of Recovery of Limited Assets. If the

trustee files a Notice of Recovery of Limited Assets, the requirement for the Clerk to

serve a Notice of Need to File a Proof of Claim is waived pursuant to Fed.Rs.Bankr.P.

2002(e) and (f)(3) and 3002(c), and the trustee may proceed to file a Notice of

Trustee's Final Report and Applications for Compensation and Deadline to Object (no

notice).

Rule 2002-4. Returned Mail or Undeliverable Mail.

(a) Recipient's duty to re-serve. Upon receipt of returned mail or a notice of returned

or undeliverable mail from a noticing agent, the recipient shall make a reasonable

effort to determine a valid address for the person or entity not served, re-serve the

undelivered document at the valid address, and file a certificate of service conforming

to Appendix 2J. If the Clerk or its noticing agent is the recipient of returned mail or

a notice of returned or undeliverable mail from its noticing agent, the debtor, unless

the Clerk has designated some other party, shall be deemed the recipient for purposes

of this rule.

(b) Amendment of mailing list of creditors. If any party, including the debtor, files a

certificate of service under paragraph (a) above, the Clerk shall amend the mailing

list of creditors to reflect the correct address.

(a) above, the recipient of returned mail or a notice of returned or undeliverable mail

shall file a statement conforming to Appendix 2K that lists the name of the person

or entity not served, references each address at which service was attempted but

not made, identifies each document for which good service has not been made to

date, and summarizes the resources used to obtain a good address. The statement

shall not excuse service but instead creates a record of the addresses that were

determined to be invalid and the efforts made to obtain a valid address.

Practice Pointer: If the returned mail includes a notice with a last date for objections,

the party re-serving the documents under paragraph (a) should contact the Court to

ascertain whether a new notice with a new last date for objections is needed before

the documents are re-served. This prevents a stale notice from being re-served.

Rule 2002-5. Notice of Appearance and Request for Notice.

(a) Consent to electronic service. Unless otherwise ordered, any person, as defined

by 11 U.S.C. § 101(41), a governmental entity, or an attorney or other agent for a

person or governmental entity, who files a notice of appearance and request to

receive notice under Fed.R.Bankr.P. 2002(g)(1) is deemed to have consented to

electronic service of all documents in that case.

(b) Provision of electronic mailing address. Unless otherwise ordered, any notice of

appearance and request to receive notice under Fed.R.Bankr.P. 2002(g)(1) shall

include, within the notice, the filer's electronic mailing address. An attorney who

files a notice of appearance and request to receive notice under Fed.R.Bankr.P.

2002(g)(1) may provide only the attorney's own name and electronic mailing address

for service. If the notice of appearance and request to receive notice under

Fed.R.Bankr.P. 2002(g)(1) does not contain the filer's electronic mailing address, the

filer shall supply it to the Clerk immediately upon request.

REFERENCES: Fed.R.Bankr.P. 2002(g). See also Fed.R.Bankr.P. 9010(b) and Bankr.

D.S.D. R. 9010-1.

Committee Note: A Request to Receive Electronic Notice form may be found at

Appendix 2T. A Request for Discontinuance of Notice form may be found at

Appendix 2U.

Rule 2003-1. Meeting of Creditors Under 11 U.S.C. § 341(a).

(a) Appearance by or for the debtor. An individual debtor shall appear in person at

the meeting of creditors under 11 U.S.C. § 341(a). A nonindividual debtor, such as

a partnership or corporation, shall appear through a designated lawful representative

at the meeting of creditors under 11 U.S.C. § 341(a).

(b) Rescheduled meeting. A meeting of creditors under 11 U.S.C. § 341(a) may be

rescheduled only at the discretion of and with the approval of the presiding officer.

If a meeting of creditors is rescheduled, the presiding officer or the presiding officer's

designee shall file a notice of the rescheduled meeting and serve, not fewer than

seven days prior to the originally scheduled meeting, a copy of the notice on all

creditors and other parties in interest not electronically served. The notice shall state

who requested the rescheduling and the reason for the request. If service is made

fewer than seven days before the originally scheduled meeting, the presiding officer

or the presiding officer's designee shall give personal notice to the debtor's attorney

or the debtor, if unrepresented, and appear at the originally scheduled date, time,

and place of the meeting to advise any party who appears of the change. The

presiding officer or the presiding officer's designee shall file an appropriate certificate

of service.

continued, the presiding officer or the presiding officer's designee shall file a notice

of the continued meeting and serve a copy of the notice on the debtor, the debtor's

attorney, any other party who appeared at the first meeting or a previously continued

meeting, and any party who has filed a notice of appearance unless that particular

party is electronically served. The notice shall state who requested the continuance

and the reason for the request. The presiding officer or the presiding officer's

designee shall file an appropriate certificate of service.

(d) Statement of conclusion. Within seven days after a meeting of creditors under

11 U.S.C. § 341(a) is concluded, the presiding officer shall file a statement of

conclusion.

(e) Filing a transcript of a meeting of creditors. If a certified transcript of a meeting

of creditors is prepared in compliance with Fed.R.Bankr.P. 2003(c) and if that

transcript is to be used at an evidentiary hearing or a trial, the certified transcript

shall be electronically filed with the Court pursuant to Bankr. D.S.D. R. 5077-1(c)(1).

REFERENCES: 11 U.S.C. §§ 341, 342, and 343; Fed.Rs.Bankr.P. 2002 and 2003.

Practice Pointer: A meeting of creditors is "rescheduled" if the meeting on the

original date was not held. A meeting of creditors is "continued" if the meeting was

begun but not concluded.

Rule 2004-1. Content of a Motion Under Fed.R.Bankr.P. 2004. In any motion under

Fed.R.Bankr.P. 2004, the movant shall state whether the movant has consulted with

the party to be examined or the party from whom a production of documents is

sought or that party's attorney and whether the requested date, time, and place for

the examination or the production of documents is mutually agreeable.

Rule 2004-2. Filing Transcript of a Rule 2004 Examination. If a certified transcript

of an examination under Fed.R.Bankr.P. 2004 is prepared, the certified transcript

shall be electronically filed with the Court in compliance with Bankr. D.S.D. R. 50771(c)(1), regardless of whether any party intends to use the transcript during a hearing

or trial.

REFERENCES: Fed.Rs.Bankr.P. 2004 and 9037.

Practice Pointer: A transcript of a Rule 2004 examination should be captioned for

the main bankruptcy case and should be filed in the main bankruptcy case. A

deposition transcript should be captioned for the adversary proceeding to which it

relates and should be filed in that adversary proceeding. On the rare occasion a

deposition is taken in connection with a pending contested matter, the deposition

should be captioned for the main bankruptcy case and filed in the main bankruptcy

case.

Rule 2014-1. Employment of Estate Professionals.

(a) Application: content and service. An application to employ an estate professional

under Fed.R.Bankr.P. 2014(a) shall be signed by the trustee, debtor in possession,

or committee chairperson and any attorney for the trustee, debtor in possession, or

committee and, in addition to the particular information and the supporting verified

statement by the professional to be employed required by Fed.R.Bankr.P. 2014(a),

shall set forth the particular subsection or subsections of 11 U.S.C. § 327 under

which authority for the employment is sought. If the proposed fee agreement with

the professional to be employed includes the reimbursement of expenses, the

application shall identify any unusual expenses anticipated and estimate the cost. If

an effective date of employment other than the date the application is filed is sought,

the application shall set forth the specific effective date of employment sought and

the cause therefor. No service of the application is required other than the electronic

service on the United States Trustee made by the Clerk.

(b) Nondisclosure of possible litigants. If a trustee, debtor in possession, or

committee wishes to employ an attorney to commence litigation to recover money

or property for the estate or to employ an attorney, accountant, or other estate

professional to conduct an investigation, the application filed under Fed.R.Bankr.P.

2014(a) need not disclose the name of any party to such litigation or investigation,

other than the applicant. In that event, the trustee, debtor in possession, or

committee shall submit to the United States Trustee a separate statement disclosing

such additional information as may be necessary for the United States Trustee to

complete its review and comment to the Court.

to employ an estate professional is filed with the Court, the United States Trustee

shall file any comments regarding the application, retain in its file any separate

statement submitted by the applicant under paragraph (b) above, and serve upon the

applicant a copy of any comments filed with the Court.

(d) Hearing. If the United States Trustee does not file any comments before the

expiration of the seven days provided in paragraph (c) above, the Court may, in its

discretion and subject to any limitations imposed by Fed.R.Bankr.P. 6003(a), enter

an appropriate order on the application, without further notice or hearing. If the

United States Trustee files comments before the expiration of the seven days

provided in paragraph (c) above, the Court may, in its discretion and subject to any

limitations imposed by Fed.R.Bankr.P. 6003(a), enter an appropriate order on the

application or set the application for hearing.

(e) Effective date of employment. Unless the Court orders otherwise, upon the entry

of an order approving the employment of an estate professional, the employment is

deemed effective as of the date the original application to employ was filed with the

Court.

REFERENCES: 11 U.S.C. § 327; Fed.Rs.Bankr.P. 2014 and 6005.

Practice Pointers: The party filing an application to employ an estate professional

does not need to submit a proposed order. If the application is granted, a docket

text order will be entered. If the application is denied, the Court will prepare the

order.

In most situations, a chapter 13 debtor does not need court authority before hiring

an attorney or other professional, though such professional's fees are subject to court

approval.

Rule 2015-3. Filing Reports.

(a) Unless otherwise ordered and except as provided in paragraph (b) below, financial,

inventory, or other reports required by Fed.Rs.Bankr.P. 2015(a)(1), (a)(3), (b), (c)(1),

or (e), 2015.1, or 2015.3 shall be submitted only to the United States Trustee and

shall be deemed filed with the Court when received by the United States Trustee.

(b) Unless otherwise ordered, a monthly operating report or a post-confirmation

report by a debtor in possession or a trustee in a chapter 11 case, other than a

chapter 11 small business case or a chapter 11 case where the debtor has elected

to be a debtor under subchapter V, shall be filed with the Court in compliance with

the United States Trustee's "Procedures for Completing Uniform Periodic Reports in

Non-Small Business Cases Filed Under Chapter 11 of Title 11."

REFERENCES:

11 U.S.C. §§ 704(a)(8),

Fed.Rs.Bankr.P. 2015, 2015.1, and 2015.3.

1106(a)(1),

1107(a),

and

1116;

Rule 2016-1. Disclosure of Compensation.

(a) Required content. A disclosure of compensation by an attorney for a debtor shall

include the information required by Fed.R.Bankr.P. 2016(b) and any Director's Form

and shall conform to Appendix 2L (chapter 7 case) or Appendix 2M (chapter 11,

chapter 12, or chapter 13 case).

(b) Supplemental disclosure. An attorney for a debtor shall file a supplemental

disclosure of compensation whenever the attorney's fee arrangement with the debtor

changes or the attorney receives fees from a debtor that were not previously

disclosed. The supplemental disclosure of compensation shall include the information

required by Fed.R.Bankr.P. 2016(b) and any Director's Form and shall conform to

Appendix 2N-1 or Appendix 2N-2.

REFERENCES: 11 U.S.C. § 329(a); Fed.R.Bankr.P. 2016(b).

Practice Pointer: The disclosure of compensation form provided to a debtor's

attorney in many software packages and the Director's Form are useful only in a

chapter 7 case. Please instead use the local forms, which are better tailored to each

chapter and provide better information should the case convert from one chapter to

another.

Rule 2016-2. Fees for Estate Professionals-Standard Application.

(a) Fee application: required content and service. An application by a professional

employed by the estate for payment of fees (compensation for services, applicable

sales tax, and reimbursement of expenses, including any Clerk's fees) from the estate

shall contain the information required by Fed.R.Bankr.P. 2016(a), shall identify the

applicable sales tax rate, and shall conform to Appendix 2O-1. An attorney for a

trustee or a debtor in possession may electronically file a fee application on behalf of

an estate professional, other than another attorney, but the application shall be

signed and dated by the estate professional. The application shall be served on

parties in interest not electronically served. If the application seeks compensation

for services and reimbursement of expenses, excluding sales tax, of more than

$1,000.00, a notice of the application shall be served on all creditors and other

parties in interest not electronically served. The notice shall conform to Bankr.

D.S.D. R. 2002-1(e) and Appendix 2G and shall set forth a last date (month, day,

year) for filing an objection or other response that is 21 days after service of the

application and the notice of the application.

(b) Fee application: time for filing in a chapter 12 or a chapter 13 case. An attorney

for the debtor or any accountant, appraiser, agent, or other professional employed

by the estate shall, within 30 days after the plan is confirmed, file an application for

fees incurred through the date of confirmation.

The applicant shall submit, to

proposed_orders@sdb.uscourts.gov, a proposed order awarding fees from the estate

that conforms to Bankr. D.S.D. R. 9072-1(a) and (b)(1) and the sample at

Appendix 2P-1.

REFERENCES: 11 U.S.C. §§ 328, 329, and 330; Fed.R.Bankr.P. 2016(a).

Practice Pointer: If any party is served by mail or under the provisions of Fed.R.Civ.P.

5(b)(2)(D) [leave with clerk] or (F) [other means consented to], the notice period

stated above shall be increased three days pursuant to Fed.R.Bankr.P. 9006(f).

Rule 2016-3. Total Legal Fees, Costs, and Expenses for Debtor's Attorneys in

Chapter 13 Cases-Simplified Application.

(a) Legal fees, costs, and expenses included in the presumptively reasonable feesimplified application. An application by an attorney who represents a debtor in a

chapter 13 case seeking compensation for services or reimbursement of necessary

costs and expenses from the estate shall contain the information required by

Fed.R.Bankr.P. 2016(a) by setting forth the detailed statements listed below if the

attorney's total claim for legal fees, costs, and expenses does not exceed a

presumptively reasonable amount of $5,000.00. This total claim is presumed to

compensate a debtor's attorney for all services in a typical chapter 13 case including,

at a minimum, those listed in paragraph (1) below. The attorney may request an

order awarding compensation by this simplified application that conforms to

Appendix 2O-2. The application shall be served on parties in interest not

electronically served and the notice shall be served on all creditors not electronically

served. The notice shall conform to Fed.Rs.Bankr.P. 2002(a)(6) and 2002(c)(2),

Bankr. D.S.D. R. 2002-1(e), and Appendix 2G and shall set forth a last date (month,

day, year) for filing an objection or other response that is 21 days after service of

the application and the notice of the application. The Court may issue the requested

order without a hearing if no objections are filed.

(1) The presumptively reasonable fee must include, at a minimum, the

following necessary services:

(A)

Pre-petition services including, but not limited to:

(i) analyzing the debtor's financial situation and rendering

advice to the debtor to determine whether to file a petition in

bankruptcy and, if so, under what chapter;

(ii) explaining the terms of representation, filing fees, and plan

payment requirements;

(iii) reviewing information provided by the debtor and preparing

and revising the debtor's petition, schedules, statements, plan,

and other necessary documents and forms;

(iv) performing due diligence tasks;

(v) consulting and communicating with the debtor to gather

information;

(vi) advising the debtor of his or her requirements and

responsibilities;

(vii) advising the debtor of the requirements to obtain pre-petition

credit counseling, to file all income and other tax returns, and to

maintain appropriate insurance;

(viii) advising the debtor of the requirements to complete a

financial management course after filing and the steps necessary

to obtain a discharge; and

(ix) reviewing the completed petition, schedules, and statements

with the debtor, obtaining the debtor's signatures, and filing the

documents.

(B) Post-petition and pre-confirmation services including, but not

limited to:

(i) advising and representing the debtor at the meeting of

creditors;

(ii) representing the debtor at the confirmation hearings, if

necessary;

(iii) ensuring bank statements, tax returns, and other records are

timely submitted to the trustee;

(iv) initiating and responding to correspondence and calls to and

from the trustee, the United States Trustee, creditors, and other

interested parties as necessary for the timely administration of

the case;

(v) timely preparing, filing, and serving a plan and any

modifications, along with any necessary documents or amended

and supplemental schedules and statements;

(vi) timely responding to objections to plan confirmation and

negotiating with such parties on the debtor's behalf;

(vii) reviewing proofs of claim;

(viii) monitoring all incoming case information;

(ix) timely responding to pleadings filed in the debtor's case to

obtain plan confirmation; and

(x)

advising the debtor on the case, as necessary.

(i) reviewing claims, determining the necessity of objecting to

filed claims, and advising the debtor regarding those claims;

(ii)

preparing and filing a fee application after confirmation;

(iii) upon completion of plan payments, preparing and filing the

documents necessary for the debtor to obtain a discharge;

(iv) responding to the debtor's questions

bankruptcy throughout the term of the plan;

regarding

the

(v)

monitoring all incoming case information; and

(vi) preparing and filing a final fee application, if necessary.

(2) The presumptively reasonable fee does not include the following:

(A) representing the debtor in adversary matters, Rule 2004

examinations, or post-confirmation hearings;

(B) preparing a motion to buy or sell real or personal property, incur

debt, object to proofs of claim, avoid a lien, modify a confirmed

plan, approve settlements, deem a mortgage current, approve sales

or refinancing, substitute collateral, and for a hardship discharge or

early termination of the plan; and

property and to dismiss the debtor's case post-confirmation.

(b) Presumptively reasonable fees for other services.

In accordance with

Fed.R.Bankr.P. 2002(a)(6), an attorney in a chapter 13 case who represents a debtor

after confirmation in any of the following matters may request an order awarding

compensation by simplified application for legal fees, costs, and expenses, and the

Court may issue the requested order without a hearing, if the total amount of

requested legal fees, costs, and expenses does not exceed $1,000.00 per application

for any of the following matters:

(1) resolving motion(s) for relief from stay;

(2) resolving motion(s) to dismiss;

(3) filing motion(s) for the sale of real estate;

(4) assisting the debtor in responding to requests for information made in

connection with an audit conducted pursuant to 28 U.S.C. § 586(f); and

(5) filing motion(s) for hardship discharge.

An attorney who represents a debtor in modifying a plan post-confirmation may also

request an order awarding compensation and/or reimbursement of costs and

expenses by simplified application if the total amount of requested legal fees, costs,

and expenses does not exceed $1,500.00 per application. The application shall be

served on parties in interest not electronically served and the notice on all creditors

not electronically served. The notice shall conform to Fed.R.Bankr.P. 2002(a)(6),

Bankr. D.S.D. R. 2002-1(e), and Appendix 2G and shall set forth a last date (month,

day, year) for filing an objection or other response that is 21 days after service of

the application and the notice of the application. The Court may issue the requested

order without a hearing if no objections are filed.

(b) above does not limit the case trustee, the United States Trustee, creditors, or any

interested party from questioning the reasonableness of the total claim requested in

the simplified application. In addition, the Court is not limited in reviewing the

amount of fees paid to or agreed to be paid to a debtor's attorney or to enter any

orders allowing, disallowing, or reducing the attorney's total claim. If an objection

is filed, the attorney may be required to submit an application for compensation and

an itemization of costs and expenses under Bankr. D.S.D. R. 2016-2(a).

(d) Total claim-standard application. The simplified application process described

herein is optional. An attorney may elect to file a standard application described in

Bankr. D.S.D. R. 2016-2(a) instead of the simplified process for any amount.

(e) Legal costs and expenses. The costs and expenses included in the total claim

must be actual, reasonable, and necessary.

(f) Fee application-time for filing in a chapter 13 case. An attorney for the debtor

shall, within 30 days after a plan is confirmed, file an application for fees incurred

through the date of confirmation.

(g) Proposed order awarding fees.

The applicant shall submit, to

proposed_orders@sdb.uscourts.gov, a proposed order awarding fees from the estate

that conforms to Bankr. D.S.D. R. 9072-1(a) and (b)(1) and the sample at

Appendix 2P-2.

REFERENCES:

2016(a).

11 U.S.C. §§ 328, 329, and 330; Fed.Rs.Bankr.P. 2002(a) and

Practice Pointer: The debtor's attorney should keep an itemization of the fees, costs,

and expenses incurred during the case in anticipation of any questioning by a party

or review by the Court that may occur under this rule.

Rule 2016-4. Administrative Expense other than for Estate Professional.

(a) Application and notice. An application for allowance of an administrative expense

under 11 U.S.C. § 503 (other than one on behalf of a professional employed by the

estate or a fully secured creditor seeking fees, costs, or charges under 11 U.S.C.

§ 506(b)) shall be filed with the Court within a reasonable time after the expense is

incurred and in no event later than any deadline set by the Code, the Federal Rules

of Bankruptcy Procedure, these local rules, or an order, and shall identify the entity

to be paid, state the statutory basis for the claim, and itemize the expense. The

itemization shall be signed and dated by the entity to be paid. The application shall

be served on parties in interest not electronically served, and a notice of the

application shall be served on all creditors and other parties in interest not

electronically served. The notice shall conform to Bankr. D.S.D. R. 2002-1(e) and

Appendix 2G and shall set forth a last date (month, day, year) for filing an objection

or other response that is 21 days after service of the application and the notice of

the application.

(b) Treatment of administrative expense filed as a claim. If an entity files a proof of

claim or similar document in the claims registry that indicates the claimant is

requesting an administrative expense other than an expense allowable under 11

U.S.C. § 506(b), the Clerk shall docket a copy of the proof of claim or similar

document as an application for administrative expense and direct the claimant to give

notice pursuant to paragraph (a) above.

11 U.S.C. § 506(b) for an allowable fee, cost, or charge may make such claim by

specifically itemizing the fee, cost, or charge in its proof of claim or by filing an

application under paragraph (a) above.

REFERENCES: 11 U.S.C. §§ 503 and 506(b).

Practice Pointer: If any party is served by mail or under the provisions of Fed.R.Civ.P.

5(b)(2)(D) [leave with clerk] or (F) [other means consented to], the notice period

stated above shall be increased three days pursuant to Fed.R.Bankr.P. 9006(f).

Rule 2072-1. Debtor's Service of Notice of Bankruptcy Case Filing. If at the time a

petition is filed, there is pending in any federal or state court located within South

Dakota a proceeding that may be stayed by 11 U.S.C. §§ 362, 1201, or 1301, the

debtor shall serve a copy of the Clerk's notice of bankruptcy case filing on each

federal or state court within South Dakota whose proceeding may be stayed. Service

may be made in any manner permitted by the nonbankruptcy court and shall be made

prior to any scheduled hearing before the nonbankruptcy court and in no event later

than seven days after the filing of the petition. The debtor shall contemporaneously

file with the Bankruptcy Court a certificate of service identifying each clerk of court

who was served a copy of the notice of bankruptcy case filing.

REFERENCES: 11 U.S.C. §§ 362, 1201, and 1301.

Rule 2090-1. Admission and Practice of Attorneys. The admission and practice of

attorneys before this Court shall be governed by D.S.D. Civ. LR 83.2 and the rules

of professional conduct as adopted by the State of South Dakota.

REFERENCES: D.S.D. Civ. LR 83.2; S.D.C.L. Appendix to Chapter 16-18, South

Dakota Rules of Professional Conduct.

Rule 2091-1. Withdrawal or Substitution of Attorney.

(a) Withdrawal as attorney for a debtor or a trustee with substitution of new attorney.

If a debtor or a trustee has retained a new attorney:

(1) the debtor or trustee shall sign a motion to substitute attorney and the

debtor's or the trustee's new attorney shall file the motion. The motion to

substitute attorney shall be served on parties in interest not electronically

served. A notice of the motion is not required. The new attorney shall file a

disclosure of compensation pursuant to 11 U.S.C. § 329(a), Fed.R.Bankr.P.

2016(b), and Bankr. D.S.D. R. 2016-1(a) and serve a copy of the disclosure

of compensation on the debtor, if not electronically served. If the proposed

substitution is for an attorney for a debtor in a chapter 11 or chapter 12 case

or for a trustee, the debtor or trustee shall simultaneously file and give notice

of an application to employ the new attorney pursuant to 11 U.S.C. § 327,

Fed.R.Bankr.P. 2014(a), and Bankr. D.S.D. R. 2014-1, and the new attorney

shall file a verified statement as the professional to be employed pursuant to

Fed.R.Bankr.P. 2014(a); and

(2) the debtor's or the trustee's former attorney shall:

(A) in compliance with Bankr. D.S.D. R. 2016-1(b), file a supplemental

disclosure of compensation if the former attorney, since the filing of the

attorney's original disclosure of compensation, has rendered or has

agreed to render additional services, or has received or has been

promised additional payments; and

(B) in a chapter 11, 12, or 13 case, file an application and, if the fees

sought, excluding sales tax, exceed $1,000.00, a notice under

Fed.R.Bankr.P. 2016(a) and Bankr. D.S.D. Rs. 2002-1(e) and 2016-2

for fees incurred in connection with the case that have not yet been

awarded and serve the application and any notice in compliance with

Fed.R.Bankr.P. 2016(a) and Bankr. D.S.D. R. 2016-2(a).

(b) Withdrawal as attorney for a debtor or a trustee without substitution of new

attorney. If an attorney wishes to withdraw as the attorney for a debtor or a trustee

and the debtor or the trustee has not retained a substitute attorney, the withdrawing

attorney shall:

(1) schedule a hearing by contacting the Scheduling Deputy Clerk pursuant to

Bankr. D.S.D. R. 5070-1(b);

(2) file a motion to withdraw and a notice of hearing. The motion shall include

a statement regarding whether any fees are owed but not yet paid. The notice

shall conform to Appendix 2R;

(3) serve the motion and the notice on parties in interest not electronically

served; and

(4)

(A) file a supplemental disclosure of compensation in compliance with

Bankr. D.S.D. R. 2016-1(b) if the withdrawing attorney, since the filing

of his or her original disclosure of compensation, has rendered or has

agreed to render additional services, or has received or has been

promised additional payments; and

(B) in a chapter 11, 12, or 13 case, file an application and, if the fees

sought, excluding sales tax, exceed $1,000.00, a notice under

Fed.R.Bankr.P. 2016(a) and Bankr. D.S.D. Rs. 2002-1(e) and 2016-2

for fees incurred in connection with the case that have not yet been

awarded and serve the application and any notice in compliance with

Fed.R.Bankr.P. 2016(a) and Bankr. D.S.D. R. 2016-2(a).

(1) Withdrawal while a contested matter or adversary proceeding is pending.

If an attorney wishes to withdraw from further representation of a party other

than a debtor or a trustee while a contested matter or adversary proceeding

involving that party is pending, the withdrawing attorney shall file a motion

seeking permission to withdraw and shall submit pursuant to Bankr. D.S.D. R.

9072-1(a) a proposed order granting the motion that conforms to

Appendix 2S. The motion shall state whether the party has consented to the

attorney's withdrawal. The withdrawing attorney shall serve the motion on

parties in interest not electronically served. The Court may, in its discretion,

grant the motion, set a deadline for responses to the motion, or set a hearing

on the motion.

(2) Withdrawal while no contested matter or adversary proceeding is pending.

If an attorney wishes to withdraw from further representation of a party other

than a debtor or a trustee and no contested matter or adversary proceeding

involving that party is pending, the withdrawing attorney shall file an electronic

"Notice of Withdrawal as Attorney" and serve a copy of the docket text entry

on parties in interest not electronically served.

(d) Substitution of attorney for a party other than a debtor or a trustee.

(1) Substitution of attorney for a party other than a debtor or a trustee while

a contested matter or adversary proceeding is pending. If a party other than

a debtor or a trustee wishes to substitute an attorney while a contested matter

or adversary proceeding involving that party is pending, the party shall file a

motion seeking court approval of the substitution and shall submit pursuant to

Bankr. D.S.D. R. 9072-1(a) a proposed order granting the motion that

conforms to Appendix 2Q. The party shall serve the motion on parties in

interest not electronically served. The Court may, in its discretion, grant the

motion, set a deadline for responses to the motion, or set a hearing on the

motion.

(2) Substitution of attorney for a party other than a debtor or a trustee while

no contested matter or adversary proceeding is pending. If a party other than

a debtor or a trustee wishes to substitute an attorney and no contested matter

or adversary proceeding involving that party is pending, the party's new

attorney shall file a notice of appearance pursuant to Fed.R.Bankr.P.

2002(g)(1).

REFERENCES: 11 U.S.C. §§ 327 and 329(a); Fed.Rs.Bankr.P. 2002(g)(1), 2014(a),

and 2016; S.D.C.L. § 16-18-31 and Rule 1.16(b), (c), and (d) of the South Dakota

Rules of Professional Conduct (Appendix to S.D.C.L. ch. 16-18).

PART III

CLAIMS AND DISTRIBUTION TO CREDITORS AND

EQUITY INTEREST HOLDERS; PLANS

Rule

3003-1

3011-1

3011-2

3015-1A

3015-1B

3015-2

3015-3

3015-4

3015-5

3016-1

3016-2

3016-3

3018-1

3019-1

3019-2

3022-1

3072-1A

3072-1B

Chapter 11 Deadline to File Proof of Claim or Interest.

Trustee's Responsibility Prior to Depositing Unclaimed Funds.

Payment of Unclaimed Funds.

Chapter 12 Extension of Time to File Plan or Hold Confirmation Hearing.

Chapter 13 Extension of Time to File Plan; Automatic Extension of Time

to Hold Confirmation Hearing.

Chapter 12 or Chapter 13 Required Plan Content.

Chapter 12 or Chapter 13 Confirmation of Plan.

Chapter 12 or Chapter 13 Modification of Plan Before Confirmation.

Chapter 12 or Chapter 13 Modification of Plan After Confirmation.

Chapter 11 Plan Required Content.

Disclosure Statement in a Small Business Case.

Chapter 11 Reductions or Extensions of Time.

Chapter 11 Ballots.

Chapter 11 Modification of Plan Before Confirmation.

Chapter 11 Modification of Plan After Confirmation.

Chapter 11 Discharge and Entry of Final Decree.

Chapter 12 Discharge and Closing Case.

Chapter 13 Discharge and Closing Case.

Rule 3003-1. Chapter 11 Deadline to File Proof of Claim or Interest. Unless

otherwise ordered, in a chapter 11 case the last day to timely file a proof of claim or

interest shall be 30 days after the date first set for the meeting of creditors under

11 U.S.C. § 341(a). The Clerk shall give notice of this deadline in the Clerk's Notice

of Chapter 11 Bankruptcy Case.

REFERENCE: Fed.R.Bankr.P. 3003(c).

Rule 3011-1. Trustee's Responsibility Prior to Depositing Unclaimed Funds. Prior to

depositing with the Court under Fed.R.Bankr.P. 3011 and 11 U.S.C. § 347(a) any

unclaimed funds exceeding the total amount of $500.00 in a case, a trustee shall

file, along with the list required by Fed.R.Bankr.P. 3011, an affidavit or verified

statement describing the efforts the trustee made to attempt to locate claimants who

did not cash their checks or whose checks were returned undeliverable, or otherwise

explain why the funds are being deposited.

Practice Pointer: The trustee should make considerable efforts to locate the

claimants before filing the affidavit or verified statement and should set forth those

efforts in detail in the affidavit or verified statement.

Rule 3011-2. Payment of Unclaimed Funds.

(a) Application. An applicant shall fully complete, sign, date, and file an application

for payment of unclaimed funds that substantially conforms to Appendix 3H, which

is a fillable version of Director's Form 1340.

(b) Supporting documents. The applicant shall provide supporting documents

establishing the claimant's entitlement to the funds. Any personal identifying

information, such as a Social Security number, a date of birth, or a full account

number, must be redacted from the supporting documents before they are filed. The

applicant may provide the supporting documents by referencing a specific proof of

claim that contains the supporting documents or by filing the supporting documents,

as described below based on the classification of the claimant, as an attachment to

the application:

(1) Individual. Documents establishing the individual's entitlement to the

funds, including, if the individual is a successor claimant, documents

establishing the transfer of the claim from the owner of record to the individual

and a certificate of service showing the application for payment of unclaimed

funds was mailed to previous owner(s) of the claim at their current address or

include a statement explaining why service on the previous owner(s) is not

possible or necessary.

(2) Business entity. Documents establishing the business entity's entitlement

to the funds, including, if the business entity is a successor claimant,

documents establishing the transfer of the claim from the owner of record to

the business entity and a certificate of service showing the application for

payment of unclaimed funds was mailed to previous owner(s) of the claim at

their current address or include a statement explaining why service on the

previous owner(s) is not possible or necessary.

(3) Decedent's estate:

(A) Documents establishing the decedent's identity and entitlement to

the funds, including, if the decedent is a successor claimant, documents

establishing the transfer of the claim from the owner of record to the

decedent and a certificate of service showing the application for

payment of unclaimed funds was mailed to previous owner(s) of the

claim at their current address or include a statement explaining why

service on the previous owner(s) is not possible or necessary; and

(B) A certified copy of the document establishing the decedent's

administrator's, executor's, or representative's right to act on behalf of

the decedent.

(4) Claimant's representative, including an attorney, a funds locator service,

or other agent:

(A) A notarized power of attorney signed by the claimant on whose

behalf the agent or the funds locator service is acting; and

(B) Documents establishing the claimant's entitlement to the funds,

including, if the claimant is a successor claimant, documents

establishing the transfer of the claim from the owner of record to the

claimant.

identifying information described below. The Clerk or an attorney electronically filing

the required identifying information shall use the CM/ECF event "Unclaimed Funds

Identifying Information" found under "Bankruptcy-Other," so the identifying

information is not viewable on the public docket.

(1) A completed Vendor Information/TIN Certification (AO Form 213) or an

Internal Revenue Service W-9 form or, for a foreign claimant, a completed

Request to Determine Foreign Vendor Tax Payments (AO Form 215) and an

Internal Revenue Service W-8 form; and

(2) For each claimant, agent for a claimant, or applicant who is an individual,

a copy of a current government-issued identification that includes a

photograph and a current address, such as a driver's license or a passport.

(d) Service. The applicant shall serve a copy of the application, the supporting

documents, and the required identifying information on the United States Attorney

for the District of South Dakota at Post Office Box 2638, Sioux Falls, SD 571012638, and shall serve a copy of the application on the current and any prior holder

or owner of the claim.

(e) Notice. The Court will enter and serve on parties in interest an order that sets a

last date for objections that is 24 days after service of the order. The order will

constitute the notice of the application.

(f) Payment of funds. If an order is entered authorizing the payment of unclaimed

funds, the Clerk will pay the funds only after the order is final. Any payment of

funds by the Clerk involving a claimant and a funds locator service shall be issued

jointly payable to the claimant and the funds locator service.

REFERENCES: 11 U.S.C. § 347(a); 28 U.S.C. § 2042; Fed.R.Bankr.P. 3011.

Practice Pointers: Unclaimed funds may be located at ucf.uscourts.gov. Select "SDB

- South Dakota" for the United States Bankruptcy Court for the District of South

Dakota from the drop-down list and then enter the applicable search criteria. A link

is also available on the Court's website at www.sdb.uscourts.gov.

Instructions for the unclaimed funds process and Appendix 3H, which is a fillable

version of Director's Form 1340, are located under "Links and Resources-Unclaimed

Funds Information" on the Court's website at www.sdb.uscourts.gov.

The Internal Revenue Service forms may be located at www.irs.gov. The federal

court's

Administrative

Office

(AO)

forms

may

obtained

from

www.uscourts.gov/services-forms.

A business entity may, through an authorized agent, file an application for payment

of unclaimed funds. The business entity is not required to utilize an attorney for this

particular application. If an attorney files an application, however, it must be filed

electronically.

A closed bankruptcy case does not need to be reopened for an application for

payment of unclaimed funds to be filed.

The Court will prepare the order setting the objection deadline and the order granting

or denying the application.

If the Court grants the application, the Clerk will not disburse the funds until the 14day appeal time on the order has expired.

Unclaimed funds are subject to the Treasury Offset Program administered by the

Bureau of the Fiscal Service's Debt Management Services. Under it, the bureau will

collect delinquent debts owed to federal agencies and states in accordance with, for

example, 26 U.S.C. § 6402(d) and 31 U.S.C. § 3720A.

Unclaimed Funds Information

Unclaimed Funds Locator

Rule 3015-1A. Chapter 12 Extension of Time to File Plan or Hold Confirmation

Hearing.

(a) Extension of time to file a plan. A motion to extend the time to file a chapter 12

plan shall be filed with the Court before the original time for filing a plan has expired,

shall state the specific extension requested, and shall state the cause for the

extension sought. The motion shall constitute notice of the extension sought and

shall be served on parties in interest not electronically served.

(b) Extension of time for confirmation hearing.

(1) Automatic extension of time. If the notice requirements of the Federal

Rules of Bankruptcy Procedure do not allow a confirmation hearing to be held

on the first available hearing date for the division in which the case was filed

within the time allowed by 11 U.S.C. § 1224, the 45-day deadline in § 1224

is automatically extended to permit the hearing to be held on the next available

hearing date for the division in which the case was filed.

(2) Motion for extension of time. A motion to extend the time for a

confirmation hearing beyond any automatic extension provided by paragraph

(1) above shall be filed with the Court before the expiration of the deadline for

filing a plan, shall state the specific extension requested, and shall state the

cause for the extension sought. The motion shall constitute notice of the

extension sought and shall be served on parties in interest not electronically

served.

motion to extend the time to file a chapter 12 plan or a motion to extend the time

for a confirmation hearing shall be filed with the Court and served in compliance with

Bankr. D.S.D. R. 9014-1(b) within seven days after the motion is filed with the Court.

REFERENCES: 11 U.S.C. §§ 1221 and 1224; Fed.Rs.Bankr.P. 2002(a)(8) and 3015.

Rule 3015-1B. Chapter 13 Extension of Time to File Plan; Automatic Extension of

Time to Hold Confirmation Hearing.

(a) Extension of time to file a plan. A motion to extend the time to file a chapter 13

plan shall be filed with the Court before the original time for filing a plan has expired,

shall state the specific extension requested, and shall state the cause for the

extension sought. The motion shall constitute notice of the extension sought and

shall be served on parties in interest not electronically served.

(b) Objection to a request for an extension. An objection or other response to a

motion to extend the time to file a chapter 13 plan shall be filed with the Court and

served in compliance with Bankr. D.S.D. R. 9014-1(b) within seven days after the

motion is filed with the Court.

of the Federal Rules of Bankruptcy Procedure do not allow a confirmation hearing to

be held on the first available hearing date for the division in which the case was filed

within the time allowed by 11 U.S.C. § 1324, the 45-day deadline in § 1324 is

automatically extended to permit the hearing to be held on the next available hearing

date for the division in which the case was filed.

REFERENCES: 11 U.S.C. §§ 1321 and 1324; Fed.Rs.Bankr.P. 2002(b)(2) and 3015(b).

Rule 3015-2. Chapter 12 or Chapter 13 Required Plan Content. A proposed chapter

12 or chapter 13 plan shall:

(1) conform to Appendix 3A by including all provisions applicable in that

particular case and deleting all provisions not applicable in that particular case;

(2) be entitled "PLAN DATED [insert the date the debtor signs the plan]";

(3) be signed by the debtor and any attorney for the debtor; and

(4) include:

(A) a detailed liquidation analysis, excluding any fees for the debtor's

attorney, that demonstrates the plan complies with 11 U.S.C.

§ 1225(a)(4) or § 1325(a)(4); and

(B) the dates (month, day, year) of the first payment under the plan and

the last payment under the plan, whether for an administrative expense

or a pre-petition claim.

REFERENCES: 11 U.S.C. §§ 1222, 1225, 1322, and 1325.

Practice Pointers:

Farm Service Agency's Memo re: Preferred Plan Language

Internal Revenue Service's Memo re: Preferred Plan Language

Rule 3015-3. Chapter 12 or Chapter 13 Confirmation of Plan.

(a) Service of plan and notice of confirmation hearing. The debtor's proposed chapter

12 or chapter 13 plan and the Clerk's notice of confirmation hearing shall be served

by the debtor on all creditors and other parties in interest not electronically served.

The notice shall conform to Bankr. D.S.D. R. 2002-1(c) and Appendix 2D.

(b) Confirmation hearing not held.

(1) Notice of confirmation hearing on modified plan. If a debtor in good faith

serves a notice of a confirmation hearing on a modified plan pursuant to Bankr.

D.S.D. R. 3015-4, the scheduled confirmation hearing on the previously filed

plan shall be deemed cancelled without further notice, unless otherwise

ordered.

(2) No objection. If, following appropriate notice and service, no objection to

a plan or a modified plan is timely filed with the Court or all objections to a

plan or a modified plan are withdrawn and the plan or the modified plan is

confirmable as filed, the Court may, in its discretion, cancel the confirmation

hearing and enter a confirmation order.

REFERENCES: 11 U.S.C. §§ 1222, 1224, and 1225; Fed.Rs.Bankr.P. 2002(a)(8) and

3015.

Practice Pointer: See also Bankr. D.S.D. R. 3015-4 (modification of a plan before

confirmation) and Bankr. D.S.D. R. 3015-5 (modification of a plan after

confirmation).

Rule 3015-4. Chapter 12 or Chapter 13 Modification of Plan Before Confirmation.

(a) Content and notice. A proposed chapter 12 or chapter 13 plan that is modified

before confirmation shall:

(1) comply with Bankr. D.S.D. R. 3015-2; and

(2) be entitled "MODIFIED PLAN DATED [insert the date the debtor signs the

modified plan]."

(b) Service. The debtor's modified plan and the Clerk's notice of confirmation hearing

shall be served by the debtor on parties in interest not electronically served, including,

but not limited to, any creditor or other party in interest that may be adversely

affected by the modification, any party who has filed an objection to a previously

filed plan, and any party who has filed a notice of appearance.

notice of a confirmation hearing on a modified plan as provided by these rules, the

previously filed plan and any objection to the previously filed plan shall be deemed

moot and any previously scheduled confirmation hearing will be cancelled without

further notice, unless otherwise ordered.

REFERENCES:

11 U.S.C. §§ 1222, 1223, 1224, and 1225; Fed.Rs.Bankr.P.

2002(a)(8) and 3015.

Practice Pointers: Most often, a debtor will need to serve a modified plan on all

creditors and other parties in interest not electronically served because the effect of

the modification is difficult to ascertain or because the modification affects feasibility

of the plan, which makes every creditor a party adversely affected by the

modification.

Compare Bankr. D.S.D. R. 3015-5 (modification of a plan after confirmation).

Rule 3015-5. Chapter 12 or Chapter 13 Modification of Plan After Confirmation.

(a) Modified Plan Post-Confirmation. A party seeking to modify a plan postconfirmation shall file a Modified Plan Post-Confirmation that is titled “MODIFIED

PLAN POST-CONFIRMATION DATED [insert the date the debtor signs the modified

plan post-confirmation], that complies with the chapter 12 or chapter 13 plan form

at Appendix 3A, and that incorporates the requested changes consistent with 11

U.S.C. §§ 1225 and 1229 or §§ 1325 and 1329. Then file the motion and the

notice to modify confirmed plan as directed below.

(b) Content of motion. A motion to modify a confirmed chapter 12 or chapter 13

plan shall be filed on the same day as the Modified Plan Post-Confirmation and shall

include:

(1) the name of each affected creditor or class of creditors;

(2) a detailed description of each proposed change to the confirmed plan or a

redline version of the Modified Plan Post-Confirmation, attached to the motion

as an exhibit, showing each proposed change;

(3) statements of the debtor's current and prior years' actual income and

expenses;

(4) a statement of the debtor's projected income and expenses for the

remaining term of the plan;

(5) a current liquidation analysis; and

(6) a statement of any change to the first plan payment date or the last plan

payment date.

plan shall conform to Bankr. D.S.D. R. 2002-1(a) and shall set forth a last date

(month, day, year) for filing an objection or other response that is 21 days after

service of the motion and the notice of motion.

(d) Service. The motion to modify a confirmed plan and the notice shall be served

on parties in interest not electronically served, including, but not limited to, any

creditor or other party in interest that may be adversely affected by the modification

and any party who has filed a notice of appearance.

(e) Confirmed Modified Plan Post-Confirmation. If the Court approves the motion, it

will enter an order granting the motion and deeming the Modified Plan PostConfirmation as the confirmed plan.

(f) Required content of a proposed order. A proposed order granting a motion to

modify a confirmed chapter 12 or chapter 13 plan shall conform to Appendix 3D and

shall include a statement of any change in the date of the last payment under the

plan.

REFERENCES: 11 U.S.C. § 1229 or § 1329; Fed.Rs.Bankr.P. 2002(a)(5) and 3015(g).

Practice Pointers: If any party is served by mail or under the provisions of

Fed.R.Civ.P. 5(b)(2)(D) [leave with clerk] or (F) [other means consented to], the

notice period stated above shall be increased three days pursuant to Fed.R.Bankr.P.

9006(f).

Most often, a debtor will need to serve a motion to modify a confirmed plan on all

creditors and other parties in interest not electronically served because the effect of

the modification is difficult to ascertain or because the modification affects feasibility

of the plan, which makes every creditor a party adversely affected by the

modification.

Compare Bankr. D.S.D. R. 3015-4 (modification of a plan before confirmation).

Rule 3016-1. Chapter 11 Plan Required Content.

(a) Each chapter 11 plan shall:

(1) be entitled "[insert name of proponent]'S PLAN DATED [insert the date the

proponent signs the plan]," e.g., "DEBTOR'S PLAN DATED DECEMBER 19,

2024";

(2) set forth in a separate paragraph the plan term in months, the date of the

first payment being made under the plan, the date of the last payment being

made under the plan, and the names of the creditors holding nondischargeable

claims and secured claims that will continue to receive payments after the plan

term ends;

(3) not include repetitive descriptions of claims or claim treatment or

unnecessarily repeat information from any attendant disclosure statement; and

(4) be signed and dated by the proponent and any attorney for the proponent.

(b) In addition to the requirements set forth in paragraph (a) above, a plan filed in a

small business case, as defined by 11 U.S.C. § 101(51C) and (51D), shall conform

either to:

(1) Official Form 425A; or

(2) Appendix 3A of these local bankruptcy rules, excluding Parts 1, 2.2, 7.2

(unless the debtor is an individual), and 8 and any references to chapter 13

and "nonstandard provisions," incorporating the relevant portions of Official

Form 425A, including paragraph 3.05 and Articles 7 and 9, and incorporating

the relevant portions of Official Form 425B, including part II and paragraphs D

and G of part III.

who has elected to be a debtor under subchapter V of chapter 11 shall conform

either to:

(1) Official Form 425A; or

(2) Appendix 3A of these local bankruptcy rules, excluding Parts 1, 2.2, 7.2

(unless the debtor is an individual), and 8 and any references to chapter 13

and "nonstandard provisions," incorporating the relevant portions of Official

Form 425A, including Articles 7 and 9, incorporating the relevant portions of

Official Form 425B, including part II and paragraphs D and G of part III, and

including the information required by 11 U.S.C. § 1190.

REFERENCES: 11 U.S.C. §§ 1122, 1123, 1190, and 1191; Fed.R.Bankr.P. 3016.

Rule 3016-2. Disclosure Statement in a Small Business Case. Pursuant to 11 U.S.C.

§ 1125(f)(1) or 11 U.S.C. §§ 1181(b) and 1187(c) and unless otherwise ordered, a

plan filed in a small business chapter 11 case or in a chapter 11 case in which the

debtor has elected to be a debtor under subchapter V is deemed to contain adequate

information and the proponent of the plan shall not prepare, file, and serve a

disclosure statement with the plan.

Rule 3016-3. Chapter 11 Reductions or Extensions of Time. A motion for a

reduction or an extension of the time within which only the debtor may file a chapter

11 plan or obtain confirmation of a chapter 11 plan shall be filed with the Court

before the expiration of the original exclusivity period and any previous extension,

shall contain the information required by 11 U.S.C. § 1121, shall state the specific

reduction or extension requested, and shall state the cause for the relief sought. The

motion shall be served on parties in interest not electronically served. A notice of

the motion shall be served on all creditors and other parties in interest not

electronically served. The notice shall conform to Bankr. D.S.D. R. 2002-1(a) and

shall set forth a last date (month, day, year) for filing an objection or other response

that is seven days after service of the motion and the notice of motion.

REFERENCES: 11 U.S.C. § 1121; Fed.R.Bankr.P. 3016.

Practice Pointer: If any party is served by mail or under the provisions of Fed.R.Civ.P.

5(b)(2)(D) [leave with clerk] or (F) [other means consented to], the notice period

stated above shall be increased three days pursuant to Fed.R.Bankr.P. 9006(f).

Rule 3018-1. Chapter 11 Ballots.

(a) Sample ballots. The proponent of a chapter 11 plan shall prepare a sample ballot

for each class of voting creditors under the plan and shall file the sample ballots as

attachments to an appropriately captioned statement at the same time the plan and

disclosure statement are filed with the Court. The statement shall conform to

Appendix 3E. Each sample ballot shall conform to Official Form 314 except each

ballot shall state it shall be returned for filing to the Bankruptcy Clerk, District of

South Dakota, at the appropriate Bankruptcy Clerk's office address in either Pierre or

Sioux Falls, South Dakota, not to the plan proponent or the plan proponent's

attorney. The sample ballots shall not include the deadline for returning ballots,

which will not be set by the Court until after the sample ballots are filed with the

Court. If a sample ballot includes more than one page, the second and each

subsequent page shall include the case name and case number at the top of the

page.

(b) Final ballots and service. Upon approval of the disclosure statement, the

proponent of a chapter 11 plan shall prepare a final ballot for each class of voting

creditors under the plan by making any changes to each sample ballot as may be

directed by the Court and inserting the date set by the Court as the deadline for

returning ballots. The plan proponent shall serve a copy of the appropriate ballot on

each creditor and other party in interest at the same time the proponent serves the

order setting the confirmation hearing and related deadlines.

completed tabulation not less than two days before the scheduled confirmation

hearing. The completed tabulation shall be captioned as required by Bankr. D.S.D. R.

9004-2, shall be signed by the plan proponent or the plan proponent's attorney, and

shall include:

(1) with respect to each class of claims or interests, a statement of whether

the class has accepted the plan or is not impaired under the plan;

(2) if a class of claims is impaired under the plan, a statement of whether at

least one class of impaired claims has accepted the plan; and

(3) if not every class of impaired claims has accepted the plan, a statement of

whether the plan proponent will seek to confirm the plan under 11 U.S.C.

§ 1129(b).

REFERENCES: 11 U.S.C. §§ 1126 and 1129; Official Form 314; Fed.R.Bankr.P. 3018.

Practice Pointers: Often a creditor will only return the one or two pages of a ballot

on which the creditor makes its election and affixes its signature. So the Clerk can

properly file the ballot, include the case name and case number on the top of each

page of the ballot.

In the last section of Official Form 314 labeled "Return this ballot to:," use the Clerk's

Sioux Falls office address for Southern Division cases or the Clerk's Pierre office

address for Northern, Central, or Western Division cases:

Bankruptcy Court Clerk

U.S. Courthouse

400 S. Phillips Ave., Room 104

Sioux Falls, SD 57104-6851

Bankruptcy Court Clerk

U.S. Post Office & Federal Bldg.

225 S. Pierre St., Room 203

Pierre, SD 57501-2463

Rule 3019-1. Chapter 11 Modification of Plan Before Confirmation.

(a) Content and notice.

confirmation shall:

A proposed chapter 11 plan that is modified before

(1) be entitled "[insert name of proponent]'S MODIFIED PLAN DATED [insert

the date the proponent signs the modified plan]," e.g., "DEBTOR'S MODIFIED

PLAN DATED DECEMBER 16, 2025"; and

(2) comply with Bankr. D.S.D. R. 3016-1(a)(2), (3), and (4).

(b) Service. The modified plan, the order setting the confirmation hearing on the

modified plan, and, if directed by the Court, a disclosure statement that comports to

the modified plan, shall be served by the proponent on parties in interest not

electronically served, including, but not limited to, any creditor or other party in

interest that may be adversely affected by the modification, any party who has filed

an objection to a previously filed plan, and any party who has filed a notice of

appearance.

modified plan as provided by these rules, the previously filed plan by the same

proponent and any objections to that previously filed plan shall be deemed moot and

any confirmation hearing on the previously filed plan will be cancelled without further

notice, unless otherwise ordered.

REFERENCES: 11 U.S.C. §§ 1122, 1123, 1127, 1190, and 1193(a); Fed.Rs.Bankr.P.

2002(b) and 3019(a).

Practice Pointers: Most often, a proponent will need to serve a modified plan on all

creditors and other parties in interest not electronically served because the effect of

the modification is difficult to ascertain or because the modification may affect the

feasibility of the plan, which makes every creditor a party adversely affected by the

modification.

Compare Bankr. D.S.D. R. 3019-2 (modification of a chapter 11 plan after

confirmation).

Rule 3019-2. Chapter 11 Modification of Plan After Confirmation.

(a) Modified Plan Post-Confirmation. A party seeking to modify a plan postconfirmation shall file a Modified Plan Post-Confirmation that is titled “MODIFIED

PLAN POST-CONFIRMATION DATED [insert the date the debtor signs the modified

plan post-confirmation] and that incorporates the requested changes consistent with

11 U.S.C. §§ 1127 and 1129 or §§ 1129, 1191, and 1193. Then file the motion

and the notice to modify confirmed plan as directed below.

(b) Content of motion. A motion to modify a confirmed chapter 11 plan shall be filed

the same day as the Modified Plan Post-Confirmation and shall include:

(1) the name of each affected creditor or class of creditors;

(2) a detailed description of each proposed change to the confirmed plan or a

redline version of the Modified Plan Post-Confirmation, attached to the motion

as an exhibit, showing each proposed change;

(3) statements of the debtor's current and prior years' actual income and

expenses;

(4) a statement of the debtor's projected income and expenses for the

remaining term of the plan;

(5) a current liquidation analysis; and

(6) a statement of any change to the last plan payment date.

conform to Bankr. D.S.D. R. 2002-1(a) and shall set forth a last date (month, day,

year) for filing an objection or other response that is 21 days after service of the

motion and the notice of motion.

(d) Service. The motion to modify a confirmed plan and the notice shall be served

on parties in interest not electronically served, including, but not limited to, any

creditor or other party in interest that may be adversely affected by the modification

and any party who has filed a notice of appearance.

(e) Confirmed Modified Plan Post-Confirmation. If the Court approves the motion, it

will enter an order granting the motion and deeming the Modified Plan PostConfirmation as the confirmed plan.

(f) Required content of a proposed order. A proposed order granting a motion to

modify a confirmed chapter 11 plan shall conform to Appendix 3D and shall include

a statement of any change in the date of the last payment under the plan.

REFERENCES: 11 U.S.C. § 1127 or § 1193; Fed.Rs.Bankr.P. 2002(a)(5) and 3019(b).

Practice Pointers: If any party is served by mail or under the provisions of

Fed.R.Civ.P. 5(b)(2)(D) [leave with clerk] or (F) [other means consented to], the

notice period stated above shall be increased three days pursuant to Fed.R.Bankr.P.

9006(f).

Most often, the movant will need to serve a motion to modify a confirmed plan on

all creditors and other parties in interest not electronically served because the effect

of the modification is difficult to ascertain or because the modification affects

feasibility of the plan, which makes every creditor a party adversely affected by the

modification.

Compare Bankr. D.S.D. R. 3019-1 (modification of a chapter 11 plan before

confirmation).

Rule 3022-1. Chapter 11 Discharge and Entry of Final Decree.

(a) Entry of final decree in a case for a debtor that is not an individual and whose

plan was confirmed under 11 U.S.C. § 1129 or for any debtor whose plan was

confirmed under 11 U.S.C. § 1191(a). Unless the confirmed plan provides

otherwise, not later than 30 days after substantial consummation of a plan confirmed

under 11 U.S.C. § 1129 for a debtor that is not an individual or confirmed under 11

U.S.C. § 1191(a) for any debtor, the debtor or the trustee, if one has been appointed

under 11 U.S.C. § 1104 or directed to perform the debtor in possession's duties

under 11 U.S.C. § 1183(b)(5), shall file a motion for entry of a final decree. The

motion shall be served on parties in interest not electronically served. A notice of

the motion is not required.

(b) Request for a discharge upon completion of plan payments by an individual debtor

whose plan was confirmed under 11 U.S.C. § 1129(a) or (b) or upon completion of

payments required during the plan term circumscribed by 11 U.S.C. § 1191(c)(2)(A)

or (B) by any debtor whose plan was confirmed under 11 U.S.C. § 1191(b).

(1) Individual debtor's certification and request. Not later than 45 days after

the completion of all plan payments for a plan confirmed under 11 U.S.C.

§ 1129(a) or (b) or the completion of all payments required during the plan

term circumscribed by 11 U.S.C. § 1191(c)(2)(A) or (B) for a plan confirmed

under 11 U.S.C. § 1191(b), an individual debtor shall file a Certification and

Request for Discharge that strictly conforms to Appendix 3F. Joint debtors

shall prepare and file separate Certifications and Requests for Discharge.

(2) Nonindividual (business) debtor's certification and request. Not later than

45 days after the completion of all payments during the plan term

circumscribed by 11 U.S.C. § 1191(c)(2)(A) or (B) for a plan confirmed under

11 U.S.C. § 1191(b), a nonindividual (business) debtor shall file a Certification

and Request for Discharge that strictly conforms to Appendix 3G.

(3) Clerk's Notice of Certification and Request for Discharge. Upon a debtor's

timely compliance with subparagraph (1) or (2) above, the Clerk shall serve a

Notice of Certification and Request for Discharge on all creditors and other

parties in interest not electronically served. The Clerk's notice shall state any

party wishing to object to the debtor's discharge shall file an objection or other

response to the debtor's Certification and Request for Discharge before a

stated date not less than 24 days after the date the Clerk's notice was

generated.

discharge) under 11 U.S.C. § 1141(d)(5)(B) by an individual debtor whose plan was

confirmed under 11 U.S.C. § 1129(a) or (b). An individual debtor whose plan was

confirmed under 11 U.S.C. § 1129(a) or (b) seeking a discharge of debts before

completion of all plan payments shall:

(1) file and serve on all creditors and other parties in interest not electronically

served a motion for hardship discharge that:

(A) describes the circumstances that render the debtor unable to

complete payments under the plan;

(B) explains why modification of the confirmed plan is not practicable;

and

as of the effective date of the plan, of property actually distributed

under the plan on account of each allowed unsecured claim is not less

than the amount that would have been paid on such claim if the

bankruptcy estate had been liquidated under chapter 7 on such date;

(2) file and serve on all creditors and other parties in interest not electronically

served a notice of the motion for hardship discharge that conforms to Bankr.

D.S.D. R. 2002-1(a) and Appendix 2A and sets forth a last date (month, day,

year) for filing an objection or other response that is 14 days after service of

the motion and the notice of motion; and

(3) file a Certification and Request for Discharge that conforms to Appendix 3F

but is modified to state all plan payments have not been completed. Joint

debtors shall prepare and file separate Certifications and Requests for

Discharge.

(d) Entry of a discharge for an individual debtor whose plan was confirmed under

11 U.S.C. § 1129(a) or (b) or for any debtor whose plan was confirmed under

11 U.S.C. § 1191(b). The Court may enter an order of discharge for an individual

debtor whose plan was confirmed under 11 U.S.C. § 1129(a) or (b) or for any debtor

whose plan was confirmed under 11 U.S.C. § 1191(b) if the debtor has complied

with either paragraph (b) or (c) above and:

(1) no party in interest timely files an objection or other response to the

debtor's Certification and Request for Discharge;

(2) any timely filed objection or other response to the debtor's Certification

and Request for Discharge has been withdrawn or overruled;

(3) the debtor has timely cured any arrearage in plan payments, as ordered by

the Court, following a hearing on an objection to the debtor's Certification and

Request for Discharge; or

(4) an order granting a hardship discharge has been entered.

(e) Entry of a final decree in a case for an individual debtor whose plan was confirmed

under 11 U.S.C. § 1129(a) or (b) or for any debtor whose plan was confirmed under

11 U.S.C. § 1191(b). Upon a motion filed by the debtor or the trustee, if one has

been appointed under 11 U.S.C. § 1104 or directed to perform the debtor in

possession's duties under 11 U.S.C. § 1183(b)(5), and served on parties in interest

not electronically served, the Court may enter a final decree in a case for an individual

debtor whose plan was confirmed under 11 U.S.C. § 1129(a) or (b) or for any debtor

whose plan was confirmed under 11 U.S.C. § 1191(b) after the order of discharge

is final, the United States Trustee has filed a statement of no objection to the motion,

and, if a trustee was appointed in the case or directed to perform the debtor in

possession's duties, the trustee has filed any required final report and final account.

Practice Pointers: When this document is filed, it is not viewable on the public docket

because of the personal identifier information that may be included. The case trustee

will be able to view it so the trustee can complete his or her case administration

duties.

Each debtor in a joint case must file a separate Certification and Request for

Discharge.

Regarding the notice of a motion for "hardship" discharge in subparagraph (c)(2), if

any party is served by mail or under the provisions of Fed.R.Civ.P. 5(b)(2)(D) [leave

with clerk] or (F) [other means consented to], the notice period stated for such a

motion shall be increased three days pursuant to Fed.R.Bankr.P. 9006(f).

Rule 3072-1A. Chapter 12 Discharge and Closing Case.

(a) Debtor's request for discharge upon completion of plan payments.

(1) Notice of Completion of Plan Payments by the trustee. Within 30 days

after the date on which all plan payments, other than payments to holders of

allowed claims provided for under 11 U.S.C. § 1222(b)(5) or § 1222(b)(9),

have been completed by the debtor, the trustee shall file a Notice of

Completion of Plan Payments and the Clerk shall serve it on parties in interest

not electronically served. The Notice of Completion of Plan Payments shall

advise the debtor that:

(A) the debtor must timely comply with Bankr. D.S.D. R. 30721A(a)(2); and

(B) if the debtor does not timely comply with Bankr. D.S.D. R. 30721A(a)(2), the Clerk may administratively close the case without entry of

a discharge.

(2) Certification and Request for Discharge by the debtor. Within 30 days

after the trustee's filing of a Notice of Completion of Plan Payments, a debtor

eligible for a discharge under 11 U.S.C. § 1228(a) shall:

(A) if an individual, file a Certification and Request for Discharge that

conforms to Appendix 3F, excluding part I(b) and part II. Joint debtors

shall prepare and file separate Certifications and Requests for Discharge;

(B) if a nonindividual (business), file a Certification and Request for

Discharge that conforms to Appendix 3G.

(3) Notice of Certification and Request for Discharge by the Clerk. Upon a

debtor's timely compliance with subparagraph (2)above, the Clerk shall serve

a Notice of Certification and Request for Discharge on all creditors and other

parties in interest not electronically served. The Clerk's notice shall state any

party wishing to object to the debtor's discharge shall file an objection or other

response to the debtor's Certification and Request for Discharge on or before

a stated date not less than 24 days after the date the Clerk's notice was

generated.

(b) Debtor's request for discharge before completion of all plan payments (a

"hardship" discharge). A debtor seeking a discharge prior to completion of all plan

payments shall:

(1) file and serve on all creditors and other parties in interest not electronically

served a motion for hardship discharge that:

(A) describes the circumstances for which the debtor should not justly

be held accountable that render the debtor unable to complete payments

under the plan;