South Dakota § 58-5-159 - Applicability of federal Bankruptcy Code.

Full text of South Dakota South Dakota Codified Laws § 58-5-159 — Applicability of federal Bankruptcy Code., with citation guidance and answers to common questions.

§ 58-5-159. Applicability of federal Bankruptcy Code.

Notwithstanding the other provisions of chapter 58-29B, for the purposes of determining:

(1)    If a qualified education loan insurer has, in any transaction involving the transfer of any education loans or other assets, sold such education loans or other assets or pledged such education loans or other assets to secure indebtedness of the qualified education loan insurer; and

(2)    If a wholly owned subsidiary of a qualified education loan insurer shall be treated as a separate entity, distinct from the qualified education loan insurer, or the subsidiary's assets and liabilities shall be consolidated with the assets and liabilities of the qualified education loan insurer;

chapter 58-29B shall be construed as referring to available and analogous case law under the federal Bankruptcy Code for making determinations in any receivership, rehabilitation, or liquidation of the qualified education loan insurer.

Source: SL 1998, ch 287, § 6.

Source: official South Dakota text · Last verified 2026-08-27

Frequently Asked Questions About South Dakota § 58-5-159

What does South Dakota Codified Laws § 58-5-159 cover?

Section 58-5-159 ("Applicability of federal Bankruptcy Code.") 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 § 58-5-159?

A common citation format is "South Dakota Codified Laws § 58-5-159" (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 § 58-5-159 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.