reglab/housing_qa huggingface dataset:
SD Codified L § 54-9-16.1 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 09 - Assignment For Benefit Of Creditors|Section 54-9-16.1 - Deposit of funds in court for distribution subsequent to discharge of assignee.

54-9-16.1. Deposit of funds in court for distribution subsequent to discharge of assignee.If, in his final accounting, the assignee shall set forth that for any cause distribution cannot be made to any creditor or creditors, the court may order the funds due them deposited with the clerk of the court for future distribution upon further order of the court subsequent to the discharge of the assignee. Source: SDC Supp 1960, ch 37.51 as added by SL 1969, ch 162, §7.
SD Codified L § 54-9-17 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 09 - Assignment For Benefit Of Creditors|Section 54-9-17 - Removal of assignee by circuit court--Appointment and delivery of property to successor.

54-9-17. Removal of assignee by circuit court--Appointment and delivery of property to successor.The judge of the circuit court may, in his discretion, for cause shown, remove any assignee or assignees and appoint another or others instead, who shall give such bonds as the judge, in view of the conditions and value of the estate, may direct; and such order of removal and appointment shall in terms transfer to such new assignee or assignees all the trust estate, real, personal, and mixed, and may be recorded in the deed records in the office of register of deeds of any county wherein any real estate affected by the assignment may be situated. Such judge may by order, which may be enforced as upon proceedings for contempt, compel the assignee or assignees so removed to deliver all property, money, choses in action, book accounts, and vouchers, to the assignee or assignees so appointed, and to make, execute, and deliver to such new assignee or assignees such deeds, assignments, and transfers as such judge may deem proper, and to render a full account and report of all matters connected with such trust estate. Source: SL 1887, ch 8, §1; SL 1887, ch 9, §1; CL 1887, §4675; RCivC 1903, §2387; RC 1919, §2060; SDC 1939 & Supp 1960, §37.5110.
SD Codified L § 54-9-18 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 09 - Assignment For Benefit Of Creditors|Section 54-9-18 - Removal of assignee by circuit court--Discharge on full accounting and surrender of property to new assignee.

54-9-18. Removal of assignee by circuit court--Discharge on full accounting and surrender of property to new assignee.Whenever any assignee so removed shall have fully accounted for and turned over to the assignee or assignees appointed by the judge all the trust estate and made a full report of all his doings, and complied with all orders of the judge touching such estate, he may by order of the judge be fully discharged from all further duties, liabilities, and responsibilities connected with the trust. Source: SL 1887, ch 8, §1; SL 1887, ch 9, §1; CL 1887, §4675; RCivC 1903, §2387; RC 1919, §2060; SDC 1939 & Supp 1960, §37.5110.
SD Codified L § 54-9-19 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 09 - Assignment For Benefit Of Creditors|Section 54-9-19 - Discharge of assignee upon full compliance with trust.

54-9-19. Discharge of assignee upon full compliance with trust.Whenever an assignee has fully complied with his trust, he may by order of the judge be fully discharged from all further duties, liabilities, and responsibilities connected with the trust. Source: SL 1887, ch 8, §1; SL 1887, ch 9, §1; CL 1887, §4675; RCivC 1903, §2387; RC 1919, §2060; SDC 1939 & Supp 1960, §37.5110.
SD Codified L § 54-9-20 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 09 - Assignment For Benefit Of Creditors|Section 54-9-20 - Application of assignee for discharge--Notice by publication.

54-9-20. Application of assignee for discharge--Notice by publication.In either of the cases mentioned in §§54-9-18 and 54-9-19 the assignee shall give notice by publication in some newspaper of the county, if there be one printed and published therein, if not, in a newspaper published at the capital of the state, once in each week, for at least three weeks, that he will apply to the judge of the circuit court for such discharge, at a time and place to be stated in such notice, which time shall not be more than three weeks after the last publication of the notice. Source: SL 1887, ch 8, §1; SL 1887, ch 9, §1; CL 1887, §4675; RCivC 1903, §2387; RC 1919, §2060; SDC 1939 & Supp 1960, §37.5110.
SD Codified L § 54-9-21 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 09 - Assignment For Benefit Of Creditors|Section 54-9-21 - Hearing upon application of assignee for discharge--Order requiring the performance of acts not completed--Order of discharge, granting, effect.

54-9-21. Hearing upon application of assignee for discharge--Order requiring the performance of acts not completed--Order of discharge, granting, effect.If, upon the hearing, the judge shall be satisfied that the assignee is entitled to be discharged, he shall make an order accordingly; or if, in the opinion of the judge, anything remains to be done by such assignee, he may require the performance thereof before making such order. Such order shall have the effect of discharging the assignee and his sureties from all further responsibility in respect to the trust, and such order shall not be refused on account of any failure on the part of the assignee to comply with any formal provision of law, where no loss or damage to anyone shall have occurred through such failure. Source: SL 1887, ch 8, §1; SL 1887, ch 9, §1; CL 1887, §4675; RCivC 1903, §2387; RC 1919, §2060; SDC 1939 & Supp 1960, §37.5110.
SD Codified L § 54-9-22 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 09 - Assignment For Benefit Of Creditors|Section 54-9-22 - Federal bankruptcy proceedings, possession of estate taken from assignee--Discharge of assignee on full accounting to trustee in bankruptcy.

54-9-22. Federal bankruptcy proceedings, possession of estate taken from assignee--Discharge of assignee on full accounting to trustee in bankruptcy.Whenever the trust estate shall have been taken out of the hands of the assignee by proceedings in bankruptcy in the federal court, the assignee may in like manner be discharged, upon showing that he has fully accounted to the trustee in bankruptcy, and turned over to him the whole of the trust estate. Source: SL 1887, ch 8, §1; SL 1887, ch 9, §1; CL 1887, §4675; RCivC 1903, §2387; RC 1919, §2060; SDC 1939 & Supp 1960, §37.5110.
SD Codified L § 54-10-1 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 10 - Secured Creditors' Claims In Liquidation Proceedings|Section 54-10-1 - Definition of terms.

54-10-1. Definition of terms.Terms used in this chapter mean:(1)"Creditor's sale," any sale effected by the secured creditor by judicial process or otherwise under the terms of his contract or the applicable law for the purpose of realizing upon his security;(2)"Insolvent debtor," any insolvent person, decedent's estate, partnership, limited liability company, corporation or business association involved in a liquidation proceeding as defined in this chapter;(3)"Liquidation proceedings," all assignments for the benefit of creditors, whether voluntary or by operation of law; administration of insolvent decedents' estate; liquidations of insolvent banks; equity receiverships where the subject under receivership is insolvent; and any other proceedings for distribution of assets of any insolvent debtor, whether a person, decedent's estate, partnership, limited liability company, corporation or business association;(4)"Liquidator," any person administering assets in any liquidation proceeding as defined in this chapter; and(5)"Secured creditor," a creditor who has either legal or equitable security for the creditor's debt upon any property of the insolvent debtor of a nature to be liquidated and distributed in a liquidation proceeding, or a creditor to whom is owed a debt for which such security is possessed by some endorser, surety, or other person secondarily liable. Source: SL 1941, ch 162, §1; SDC Supp 1960, §37.26A01; SL 1994, ch 351, §153.
SD Codified L § 54-10-2 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 10 - Secured Creditors' Claims In Liquidation Proceedings|Section 54-10-2 - Secured creditor's claim against general assets--Disclosure of nature of security.

54-10-2. Secured creditor's claim against general assets--Disclosure of nature of security.In a liquidation proceeding every secured creditor's claim against the general assets shall disclose the nature of the security. When a decedent's estate already in the course of administration is judicially declared insolvent or when in an equity receivership it is determined that the subject under receivership is insolvent, secured creditors having claims on file which do not comply with this section shall make disclosure within a time to be fixed by the court. Source: SL 1941, ch 162, §2; SDC Supp 1960, §37.26A02.
SD Codified L § 54-10-3 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 10 - Secured Creditors' Claims In Liquidation Proceedings|Section 54-10-3 - Failure of secured creditor to disclose existence of security--Effect of concealment.

54-10-3. Failure of secured creditor to disclose existence of security--Effect of concealment.Any secured creditor who with intent to evade the provisions of this chapter fails to disclose the existence of the security shall not be entitled to receive or retain dividends out of the general assets, unless he thereafter releases or surrenders to the liquidator the security which he has failed to disclose, or unless he procures such release or surrender if the security is in the possession of an endorser, surety, or other person secondarily liable for the insolvent debtor. Source: SL 1941, ch 162, §3; SDC Supp 1960, §37.26A03.
SD Codified L § 54-10-4 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 10 - Secured Creditors' Claims In Liquidation Proceedings|Section 54-10-4 - Dividends to secured creditors--Computation.

54-10-4. Dividends to secured creditors--Computation.Dividends paid to secured creditors shall be computed only upon the balance due after the value of all security not exempt from the claims of unsecured creditors and not released or surrendered to the liquidator, is determined and credited upon the claim secured by it. Source: SL 1941, ch 162, §4; SDC Supp 1960, §37.26A04.
SD Codified L § 54-10-5 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 10 - Secured Creditors' Claims In Liquidation Proceedings|Section 54-10-5 - Obligation for payment of money as security--Determination of value.

54-10-5. Obligation for payment of money as security--Determination of value.When the asset constituting the security is an obligation for the payment of money, the secured creditor may determine its value by collection or by exhausting his remedies thereon and then surrendering the obligation to the liquidator. Source: SL 1941, ch 162, §5; SDC Supp 1960, §37.26A05 (1).
SD Codified L § 54-10-6 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 10 - Secured Creditors' Claims In Liquidation Proceedings|Section 54-10-6 - Security other than obligation for the payment of money--Determination of value.

54-10-6. Security other than obligation for the payment of money--Determination of value.When the asset constituting the security is something other than an obligation for the payment of money, the secured creditor may determine its value by creditor's sale. Source: SL 1941, ch 162, §5; SDC Supp 1960, §37.26A05 (2).
SD Codified L § 54-10-7 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 10 - Secured Creditors' Claims In Liquidation Proceedings|Section 54-10-7 - Statutory provisions for determination of value of obligations impracticable or resulting in undue delay--Alternative method for determination of value.

54-10-7. Statutory provisions for determination of value of obligations impracticable or resulting in undue delay--Alternative method for determination of value.Where valuation under the provisions of §§54-10-5 and 54-10-6 is impracticable or would cause undue delay, the court, upon petition by either the secured creditor or the liquidator, may order the value of the security determined by any of the methods provided by §§54-10-8 to 54-10-10, inclusive. Source: SL 1941, ch 162, §6; SDC Supp 1960, §37.26A06.
SD Codified L § 54-10-8 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 10 - Secured Creditors' Claims In Liquidation Proceedings|Section 54-10-8 - Value of security, determination by compromise--Redemption of assets by liquidator.

54-10-8. Value of security, determination by compromise--Redemption of assets by liquidator.Under the circumstances described by §54-10-7, the court may order the value of the security determined by compromise, if the secured creditor and the liquidator agree upon a value. The liquidator may redeem such assets by payment of the agreed value, if authorized by the court. Source: SL 1941, ch 162, §6; SDC Supp 1960, §37.26A06 (1).
SD Codified L § 54-10-9 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 10 - Secured Creditors' Claims In Liquidation Proceedings|Section 54-10-9 - Value of security, determination by litigation--Redemption of assets by liquidator.

54-10-9. Value of security, determination by litigation--Redemption of assets by liquidator.Under the circumstances described by §54-10-7, the court may order the value of the security determined by litigation, through proceedings in the liquidation proceeding. The liquidator may redeem such assets by paying the value so determined, if authorized by the court. Source: SL 1941, ch 162, §6; SDC Supp 1960, §37.26A06 (2).
SD Codified L § 54-10-10 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 10 - Secured Creditors' Claims In Liquidation Proceedings|Section 54-10-10 - Value of security, determination by liquidator's sale of assets--Order of sale, requirements.

54-10-10. Value of security, determination by liquidator's sale of assets--Order of sale, requirements.Under the circumstances described by §54-10-7, the court may order the value of the security determined by liquidator's sale of the assets which, when completed and approved by the court, shall pass to the purchaser good title, free and clear of all liens of the secured creditor, such liens to be transferred to the proceeds of the sale. The order of sale may be either(1)Conditional, requiring the sale to be made by the liquidator only if the secured creditor does not complete a determination by collection or creditor's sale as set forth in §§54-10-5 and 54-10-6 within a time fixed by the court; or(2)Absolute, requiring the sale to be made by the liquidator within a time fixed by the court. Source: SL 1941, ch 162, §6; SDC Supp 1960, §37.26A06 (3).
SD Codified L § 54-10-11 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 10 - Secured Creditors' Claims In Liquidation Proceedings|Section 54-10-11 - Value of exempt security not credited upon claim.

54-10-11. Value of exempt security not credited upon claim.When any creditor has legal or equitable security upon assets which are exempt from process for the satisfaction of unsecured debts and are duly claimed as exempt by the insolvent debtor, the value of such security shall not be credited upon the claim. Amounts realized by the creditor from such security after liquidation proceedings are begun shall be disregarded in computing dividends, unless the dividend so computed exceeds the sum actually owing upon the claim, in which event only the amount owing shall be paid. Source: SL 1941, ch 162, §7; SDC Supp 1960, §37.26A07.
SD Codified L § 54-10-12 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 10 - Secured Creditors' Claims In Liquidation Proceedings|Section 54-10-12 - Application of chapter to existing transactions.

54-10-12. Application of chapter to existing transactions.This chapter shall not apply to contracts and transactions already existing on July 1, 1941. Source: SL 1941, ch 162, §12; SDC Supp 1960, §37.26A10.
SD Codified L § 54-10-13 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 10 - Secured Creditors' Claims In Liquidation Proceedings|Section 54-10-13 - Uniformity of interpretation of chapter.

54-10-13. Uniformity of interpretation of chapter.This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. Source: SL 1941, ch 162, §9; SDC Supp 1960, §37.26A08.
SD Codified L § 54-10-14 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 10 - Secured Creditors' Claims In Liquidation Proceedings|Section 54-10-14 - Citation of chapter.

54-10-14. Citation of chapter.This chapter may be cited as the Uniform Act Governing Secured Creditors' Dividends in Liquidation Proceedings. Source: SL 1941, ch 162, §10; SDC Supp 1960, §37.26A09.
SD Codified L § 54-11-1 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 11 - Credit Cards And Revolving Charge Accounts|Section 54-11-1 - Credit card and accepted credit card defined.

54-11-1. Credit card and accepted credit card defined.The term, credit card, or, accepted credit card, as used in this chapter, means any credit card, identification card, or device which the cardholder has requested and received from any issuer or business, or has signed or has used, or has authorized another to use, for the purpose of obtaining money, property, checks, travelers checks, money orders, labor or services on credit. For purposes of this chapter, a credit card need not be issued to establish a revolving loan account arrangement made by a bank pursuant to §51A-12-12. Source: SL 1968, ch 199, §1; SL 1980, ch 26, §28; SL 1983, ch 365, §1; SL 2014, ch 227, §2.
SD Codified L § 54-11-4 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 11 - Credit Cards And Revolving Charge Accounts|Section 54-11-4 - Unsolicited issuance of credit card prohibited--No liability for misuse by others.

54-11-4. Unsolicited issuance of credit card prohibited--No liability for misuse by others.No credit card shall be issued unless its issuance was requested nor shall any person who has not so solicited or has not accepted or utilized an unsolicited credit card be liable to the person who issued it or honored it for its misuse by others. Source: SL 1968, ch 199, §4.
SD Codified L § 54-11-5 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 11 - Credit Cards And Revolving Charge Accounts|Section 54-11-5 - "Revolving charge account" and "consumer goods and services" defined.

54-11-5."Revolving charge account" and "consumer goods and services" defined.For the purpose of this chapter, "revolving charge account" shall mean an arrangement prescribing terms of transactions which may be made thereunder from time to time pursuant to which a retail seller or person who offers and provides any services gives to a purchaser or user of services the privilege of using a credit card or other means of credit confirmation or identification primarily for the purpose of purchasing consumer goods or services, as that term is hereafter defined, from any person, which may include the retail seller or provider of services, and under which an interest charge may be periodically imposed.For the purpose of §§54-11-5 to 54-11-8, inclusive, "consumer goods and services" mean all goods and services provided to the public by sellers or providers of personal services. Source: SL 1974, ch 306, §1; SL 1975, ch 301.
SD Codified L § 54-11-6.1 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 11 - Credit Cards And Revolving Charge Accounts|Section 54-11-6.1 - Credit service charge permitted on revolving charge account.

54-11-6.1. Credit service charge permitted on revolving charge account.A person may collect a credit service charge on any revolving charge account made pursuant to §54-11-5, subject to §§54-11-6.2 to 54-11-6.4, inclusive. Source: SL 1979, ch 335, §3.
SD Codified L § 54-11-6.2 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 11 - Credit Cards And Revolving Charge Accounts|Section 54-11-6.2 - Amount of service charge--Requirements--Compounding charge.

54-11-6.2. Amount of service charge--Requirements--Compounding charge.A charge may be made in each billing cycle which is a percentage of an amount no greater than the average daily balance of the account, the unpaid balance of the account on approximately the same day of the billing cycle or the median amount within a specified range within which the average daily balance or the unpaid balance of the account, on approximately the same day of the billing cycle, is included. A charge may be made pursuant to this section only if the same charge is applied to all balances within the specified range and if the percentage when applied to the median amount within the range does not produce a charge exceeding the charge resulting from applying that percentage to the lowest amount within the range by more than eight percent of the charge on the median amount. This charge may be compounded. Source: SL 1979, ch 335, §4.
SD Codified L § 54-11-6.3 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 11 - Credit Cards And Revolving Charge Accounts|Section 54-11-6.3 - Maximum service charge.

54-11-6.3. Maximum service charge.The charge shall be at a rate or amount agreed upon by the parties involved. If the billing cycle is not monthly, the maximum charge is that percentage which bears the same relation to the agreed upon rate as the number of days in the billing cycle bears to thirty. For the purposes of this section, a variation of not more than four days from month to month is approximately the same day of the billing cycle. Source: SL 1979, ch 335, §5; SL 1980, ch 337, §1A; SL 1982, ch 346, §1; SL 1987, ch 360, §5.
SD Codified L § 54-11-6.4 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 11 - Credit Cards And Revolving Charge Accounts|Section 54-11-6.4 - Minimum charge on monthly bills when service charge less than minimum charge.

54-11-6.4. Minimum charge on monthly bills when service charge less than minimum charge.If there is an unpaid balance on the date of which the credit service charge is applied and the credit service charge pursuant to this section is less than the minimum charge, a minimum charge not exceeding fifty cents may be made if the billing cycle is monthly. If the billing cycle is not monthly, a minimum charge may be made which bears the same relation to fifty cents as the number of days in the billing cycle bears to thirty. Source: SL 1979, ch 335, §6.
SD Codified L § 54-11-8 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 11 - Credit Cards And Revolving Charge Accounts|Section 54-11-8 - Bank loan accounts unaffected.

54-11-8. Bank loan accounts unaffected.The provisions of §§54-11-5 and 54-11-6.1 shall not apply to a revolving loan account arrangement made by a bank pursuant to §51A-12-12. Source: SL 1974, ch 306, §2.