§1322 Chapter 13 Plan Contents in South Dakota

How 11 U.S.C. § 1322 applies in South Dakota — federal bankruptcy law, South Dakota district data.

What §1322 Chapter 13 Plan Contents Does

Chapter 13 plans must specify how creditors will be paid over 3 to 5 years. Required: priority claim payments in full, disposable-income commitment, classification of claims. Optional but common: cramdown of vehicle loans, lien stripping of underwater mortgages, cure of mortgage arrears.

Key points:

Plan length: 3 years (below-median) or 5 years (above-median)
Must pay priority and secured claims in full unless creditor consents
Disposable income test (§1325(b)) — all projected disposable income into plan
§1322(b) menu of permissive plan provisions — including cure of arrears and cramdown

South Dakota Bankruptcy Data (FJC)

2,306

Total filings

38.4%

Dismiss rate

542

Prior filers

46.0%

Prior discharge rate

Apply This to Your Case

The rules above are federal — they apply identically in every state. What varies by state is exemptions (§522), median income thresholds (means test), and case-law interpretations of ambiguous terms. For a South Dakota-specific answer, check the screener or consult a local attorney.

What §1322 Chapter 13 Plan Contents Does

South Dakota Bankruptcy Data (FJC)

Apply This to Your Case

Related South Dakota Statutes

§1322 Chapter 13 Plan Contents in Other States