Bankr. No.:
98-50475
Chapter:
7
Date of Decision:
January 13, 1999
Issue:
Whether Debtor was a head of a family under S.D.C.L. § 43-45-4 where she was married and maintained a joint household with her husband and minor daughter, she ran the household in her husband's absence due to his employment away from home as a trucker, and he earned more than her?
Ruling:
Debtor was not the head of the family as that term in used in § 43-45-4, as it was amended in 1998. Her husband earned more than her at the time of the petition, they maintained a joint household, and he was not absent from the home due to dereliction and abandonment. She fell within the new class of debtors under
§ 43-45-4, as amended: non heads of a family.
Full Bankruptcy Court Decision:
