South Dakota has opted out of the federal exemptions, but the
opt-out applies only to its residents. “[R]esidents of this state
are not entitled to the federal exemptions provided in § 522(d)
of the Bankruptcy Code of 1978 . . ..” S.D.C.L. § 43-45-13. So,
if this state is the applicable state (as determined by the
method stated on the home page of this site), debtors who are
not South Dakota residents on the date of filing bankrukptcy
may use the federal exemptions.

In re Volk, 26 B.R. 457 (Bankr.D.S.D.1983) (Exemptions of
South Dakota were limited to residents and, therefore, were
not available to debtors who were not residents of South
Dakota on date of filing, but debtors were eligible for federal
exemptions because South Dakota’s opt-out was limited to

Additional Support.