54-8-23. Fraud in bankruptcy proceedings--Misdemeanor.
Every person who, upon making or prosecuting any application for a discharge as an insolvent debtor, under the provisions of any law now in force, or that may hereafter be enacted:
(1)Fraudulently presents or authorizes to be presented on his behalf such application, in a case in which it is not authorized by law;
(2)Makes or presents to any court or officer, in support of such application, any petition, schedule, book, account, voucher, or other paper or document, knowing the same to contain any false statement;
(3)Fraudulently makes and exhibits, or alters, obliterates, or destroys any account or voucher relating to the condition of his affairs, or any entry or statement in such account or voucher;
(4)Practices any fraud upon any creditor, with intent to induce him to petition for or consent to such discharge; or
(5)Conspires with or induces any person fraudulently to unite as creditor in any petition for such discharge, or to practice any fraud in aid thereof;
is guilty of a Class 1 misdemeanor.
Source: PenC 1877, §638; CL 1887, §6840; RPenC 1903, §669; RC 1919, §4280; SDC 1939, §13.4304; SL 1980, ch 24, §108.
Structure South Dakota Codified Laws
Title 54 - Debtor and Creditor
Chapter 08 - Acts In Fraud Of Creditors
Section 54-8-1 - Transfer with intent to delay or defraud creditors void.
Section 54-8-3 - Avoidance of act or obligation of debtor for fraud--Obstruction of legal process.
Section 54-8-4 - Fraudulent intent--Question of fact--Inadequacy of consideration.
Section 54-8-21 - Assignment or transfer of property to preferred creditors as felony--Exception.
Section 54-8-22 - Party to transfer or assignment of property to defraud creditors guilty of felony.
Section 54-8-23 - Fraud in bankruptcy proceedings--Misdemeanor.