South Dakota § 54-9-13.2 - Action by assignee against creditor receiving voluntary transfer from insolvent assignor.
Full text of South Dakota South Dakota Codified Laws § 54-9-13.2 — Action by assignee against creditor receiving voluntary transfer from insolvent assignor., with citation guidance and answers to common questions.
§ 54-9-13.2. Action by assignee against creditor receiving voluntary transfer from insolvent assignor.
In addition to those otherwise provided in this chapter, the court may authorize an assignee to bring an action, which he is hereby empowered to maintain, against any person, who with reasonable cause to believe the assignor was insolvent as defined in § 54-8A-2, has within four months of the assignment received a voluntary transfer from the assignor of money or property for or on account of an antecedent debt, the effect of which transfer is to enable the creditor to obtain a greater percentage of his debt than some other creditor of the same class, and the assignee may recover the property so transferred or its value. For the purpose of this section a transfer shall be deemed to have been made when it is so far perfected that no creditor having a judgment on a simple contract without special priority (whether or not such a creditor exists) could have obtained an interest superior to that of the transferee therein. A transfer not so perfected prior to the assignment shall be deemed to have been made immediately before the assignment.
Source: SDC Supp 1960, ch 37.51 as added by SL 1969, ch 162, § 3; SL 1990, ch 30, § 16.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 54-9-13.2
What does South Dakota Codified Laws § 54-9-13.2 cover?
Section 54-9-13.2 ("Action by assignee against creditor receiving voluntary transfer from insolvent assignor.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 54-9-13.2?
A common citation format is "South Dakota Codified Laws § 54-9-13.2" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 54-9-13.2 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.