Date of Decision:
October 6, 2015
Whether the debtor may claim exempt under S.D.C.L. § 43-45-2(9) the unpaid portion of a pre-petition alimony award that was for a stated sum to be paid over a stated term?
The unpaid portion of the debtor's alimony as of the petition date does not qualify for exemption under S.D.C.L. § 43-45-2(9) because the alimony award was for a lump sum, which is excluded by the statute. The debtor's available exemption rests solely under S.D.C.L. § 43-45-4 to the extent of the statutory limit.
Full Bankruptcy Court Decision: