How 11 U.S.C. § 362(k) applies in South Dakota — federal bankruptcy law, South Dakota district data.
If a creditor willfully violates the automatic stay (continuing to call, attempt repossession, pursue a lawsuit, etc.) after knowing of your bankruptcy, you can recover actual damages, attorney fees, and — in appropriate cases — punitive damages. This remedy is available only to individual debtors, not corporate filers.
Districts covered: D.S.D..
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.
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