🛡️ DAPT Risk Estimator
Lookback & Creditor Challenge — SD 2-Year vs Others
Educational triage only, not legal advice. Assumes good-faith qualified disposition under SDCL 55-16.
Your facts
SD = 2-year lookback (SDCL 55-16). DE/NV/AK typically 4 years. This model does not cover fraudulent transfer law (UFTA) or bankruptcy 10-year 548(e).
What SDCL 55-16 actually says
“A creditor may not bring an action to attach property transferred in a qualified disposition unless the action is brought within two years after the transfer.”
Key precedent: In re Cleopatra Cameron Gift Trust, 2019 S.D. 35 — South Dakota courts maintain exclusive in-rem jurisdiction where statutory requirements are met. Federal bankruptcy, fraudulent-transfer claims, child support, and alimony retain distinct carve-outs.