GroundRules
← Search the law
South Dakota · Through 2026-08-31 · Newer source version available

SDCL § 54-10-10: Value of security, determination by liquidator's sale of assets--Order of sale, requirements.

Read at publisher ↗
Where this section sits in the code
  1. TITLE 54. DEBTOR AND CREDITOR
  2. CHAPTER 54-10. SECURED CREDITORS' CLAIMS IN LIQUIDATION PROCEEDINGS

Under the circumstances described by § 54-10-7, the court may order the value of the security determined by liquidator's sale of the assets which, when completed and approved by the court, shall pass to the purchaser good title, free and clear of all liens of the secured creditor, such liens to be transferred to the proceeds of the sale. The order of sale may be either

(1) Conditional, requiring the sale to be made by the liquidator only if the secured creditor does not complete a determination by collection or creditor's sale as set forth in §§ 54-10-5 and 54-10-6 within a time fixed by the court; or

(2) Absolute, requiring the sale to be made by the liquidator within a time fixed by the court.

Collected 2026-09-03T15:18:57Z. Source file · JSON

Browse this collection