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.
Structure South Dakota Codified Laws
Title 54 - Debtor and Creditor
Chapter 10 - Secured Creditors' Claims In Liquidation Proceedings
Section 54-10-1 - Definition of terms.
Section 54-10-2 - Secured creditor's claim against general assets--Disclosure of nature of security.
Section 54-10-4 - Dividends to secured creditors--Computation.
Section 54-10-5 - Obligation for payment of money as security--Determination of value.
Section 54-10-6 - Security other than obligation for the payment of money--Determination of value.
Section 54-10-11 - Value of exempt security not credited upon claim.
Section 54-10-12 - Application of chapter to existing transactions.