There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 55-16-10 — Creditor\'s claim--Extinguishment--Exceptions--Burden.
55-16-10. Creditor's claim--Extinguishment--Exceptions--Burden. A creditor's claim under § 55-16-9 is extinguished unless:
(1) The creditor's claim arose before the
qualified disposition was made, and the action is brought within
the limitations of Uniform Fraudulent Transfer Act of chapter 54-
8A in effect on the later of the date of the qualified disposition
or August 1, 2000; or
(2) Notwithstanding the provisions of
Uniform Fraudulent Transfer Act of chapter 54- 8A, the creditor's
claim arose concurrent with or subsequent to the qualified
disposition and the action is brought within four years after the
qualified disposition is made.
In any
action described in § 55-16-9, the burden to prove the
matter by clear and convincing evidence is upon the creditor.
Source: SL 2005, ch 261, § 10.
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