Anker Law Group, P.C.

Anker Law Group, P.C. With nearly 60 years of experience, we have established ourselves as a law firm you can trust to agg Our founder Stan H. Anker and his son Stanton A.

Anker Law Group, P.C., provides a wide range of legal services to South Dakota businesses, corporations, and individuals. Anker have extensive experience in taxation law, civil and criminal disputes with the IRS, business and commercial litigation, agricultural law, contract law, bankruptcy, real estate, estate planning and other areas of the law. Our core areas of practice include bankruptcy law, tax law, business law, estate planning and probate, criminal law, family law, real estate law, personal injury law, property damage law, and agricultural law, as well as litigation and appeals in federal and state courts .

07/31/2026

Farm Bankruptcies Increasing in Region

Family farmers know that prosperity is never guaranteed. Poor weather, trade disputes, diseases that attack crops and other unexpected events can trigger severe financial crises. One tool that can be useful when a family farm or fishery is facing overwhelming debt is Chapter 12 bankruptcy. This legal process is designed to accommodate the special pressures associated with agricultural operations.

Though every farm has its own unique qualities and concerns, a look at Chapter 12 filing data can provide a snapshot of health within the agricultural industry. Within the Federal Reserve’s Ninth District, which covers South Dakota, as well as other states within the Upper Midwest and Northern Plains, farm bankruptcies have increased over the past year.

The Federal Reserve’s survey of agricultural industry lenders also shows signs of potential trouble for the coming year. Waning income, high interest rates and uncertainty over tariffs could mean more insolvencies. Many farmers have reported that prices of fertilizer, seed and feed have been particularly difficult, due in part to trade tensions with Canada. Together, these pressures can create a cash-flow gap that forces some farms to choose between making timely loan payments and meeting basic needs, leading some families to seek court-ordered relief.

Through Chapter 12 bankruptcy, some family farms can survive the tough times by halting creditor actions and developing a reasonable repayment plan. One of the specific benefits of a Chapter 12 proceeding is that it accommodates seasonal income patterns rather than requiring a steady revenue flow.

Chapter 12 is limited to family farmers and fishermen who meet eligibility requirements, and it is not the right solution in every case. The decision to file should be made with knowledgeable legal and financial advice. An experienced bankruptcy attorney can assess eligibility, explain the likely outcomes and help negotiate with creditors to design a feasible plan that aims to preserve the family business and protect personal and community interests.

07/22/2025

How Often Should You Review or Update Your Will

For many people, preparing a will is a significant task that takes time and effort. After it is completed, you may feel that you’ve checked that box and no longer need to worry about your estate plans. In reality, a will requires periodic review in order to make sure that it continues to represent the current status of your assets and your intentions after death.

While there is no set required time for reviewing or updating a will, it is generally recommended to review your will every three to five years to consider whether it needs to be updated to reflect your family circumstances or other changes to your life. A will should also be reviewed any time you experience a significant change in your affairs, such as marrying/remarrying, getting divorced or selling a home. A will may also need to be reviewed and updated if there are significant changes to the tax code or tax issues that would impact the distribution of your assets.

Updating a will requires witnesses to sign the new will. Handwritten notations to make changes on a will aren’t considered valid.

If you have recently reviewed your will and are concerned that it may need to be updated, a wills and trusts attorney can help you to review your original document, determine what changes may need to be made and work with you to execute those changes in the most efficient manner possible.

11/22/2024

Bankruptcy Scam

The U.S. Trustee’s Office is reporting a scam currently taking place, which targets individuals and couples who have recently filed for bankruptcy protection. As part of the scam, debtors receive a letters from the “Bankruptcy Fraud Watchdog Group”, accusing debtors of failing to disclose assets in their bankruptcy case. The letter threatens referrals to the Trustee for fraud unless the debtor pays a one-time “amnesty” fee of $450.00 in Bitcoin or other means. The scam also states that debtors who share the letter with their attorneys will face “immediate referral for criminal prosecution”.

There is no such agency as the “Bankruptcy Fraud Watchdog Group”. This is a scam. Do not send any money. If you have recently filed a bankruptcy, and receive one of these letters, you should immediately report it to your attorney, or the US Trustee if you do not have an attorney.

09/17/2024

Jury Scams

Recently, South Dakota Federal Court has been alerted to several jury scams that have taken place across South Dakota. In four separate incidents, South Dakota residents were contacted via phone and told that they were in contempt of court for failure to appear for jury duty.

A Lyman County resident was instructed to travel to the Walmart in Pierre and buy gift cards from the kiosk. Fortunately, the individual contacted a court employee where he discovered that the call was a scam.

Another call involved an individual who was informed that he failed to appear for a federal jury trial in Rapid City. The caller wanted the individual to post bond for failure to appear. The individual told the caller that he never received a letter or summons from the court. Fortunately, the individual verified the information with the Clerk’s Office and did not send money to the scammer.

In two recent incidents, individuals were called and told that they had missed jury duty. The first person was informed that she would have to pay $4,000 to resolve the issue and was instructed to obtain a money order from the bank. The individual was also told to provide odometer readings prior to leaving her house and upon returning from the bank. The second individual ended the call shortly after the caller threatened him. In both cases, the caller indicated that he knew where the individuals lived and claimed to know where one of them worked.

Regarding jury duty, please keep the following in mind:

- The court will always send a jury summons by U.S. Mail. The summons will never request a credit/debit card number, bank routing number, account number, wire transfer, or demand any type of payment over the phone.

- On the day of jury duty, if a juror has not checked-in, the Clerk’s Office may attempt to call the juror and inquire about their attendance. A juror who fails to report for jury duty will be contacted via mail by the District Court Clerk’s Office and they may, in certain circumstances, be ordered to appear before a judge. Such orders will always be in writing and signed by a judge.

- If a juror is summoned to court for failure to appear for jury duty, they will be given an opportunity to discuss the matter with the judge. If a fine is imposed, it will be ordered in open court and reduced to writing.

If you have been the target of this type of scam, please report the incident to the proper authorities. If the caller claims to be from federal court, please contact the FBI office. If the caller claims to be from state court, please contact local law enforcement (Police Department or Sheriff’s Office). It is a federal crime for anyone to falsely represent themselves as a federal court official.

09/12/2024

Can You Be Charged with DUI if You Aren’t Driving the Car?

In South Dakota, you can be charged with DUI even if you aren’t on the road.

South Dakota’s laws make it a crime to either drive or “be in actual physical control of any vehicle” while under the influence of alcohol or drugs, meaning you are behind the wheel and the keys are in the ignition. For you to be convicted on this charge, the state must prove the following:

1. The vehicle was operable
2. You were physically close enough to use the controls of the car
3. Your physical position in the car “would enable [you] to actually operate the vehicle in the usual and ordinary manner”

A person is considered to be under the influence of alcohol if his or her blood alcohol content (BAC) is 0.08 percent or higher. However, if a police officer judges a driver to be too drunk to drive safely even though they are under the legal limit, he or she may still be charged with DUI.

Even if you were not actually driving the car when you were arrested, and even if it is your first DUI offense, you could lose your driver’s license for 30 days or up to a year. If it is not your first offense, you may have your license suspended for at least a year.

03/15/2024

What is a Cramdown in Chapter 12 Bankruptcy

Chapter 12 bankruptcy proceedings are specifically designed for family fisherman or family farmers that have a regular income. This type of bankruptcy allows these farmers and fishermen to create a plan to repay all or part of their debts. One specific benefit of Chapter 12 bankruptcy is a legal principle called “cramdown.”

Cramdown under Chapter 12 bankruptcy allows you to modify a secured loan so that you pay the actual present market value of the secured property rather than the amount outstanding on the loan. This may significantly reduce a person’s financial liability under the loan. It also prevents the farmer or fisherman from owing more than the secured property is worth.

For example, if a farmer has a $150,000 mortgage on their home and they still owe $140,000 on the loan, but the home itself only has a present fair market value of $90,000, then the debt would be modified to reflect that current value, reducing what is owed by $50,000. This is a significant benefit in Chapter 12 bankruptcy that may help those who need it.

Cramdown is especially helpful for high interest loans that have accrued further debt. For those filing for bankruptcy, they are likely behind on payments and their debts may skyrocket due to interest. Cramdown helps limit the impact of this interest by reducing the debt owed on the secured collateral, whether that collateral is dairy cows or other consumer goods, farming or fishing equipment.

Cramdown is more limited in Chapter 11 and Chapter 13 bankruptcy cases than it is in Chapter 12. In Chapters 11 and 13, a debtor cannot cram down a mortgage placed on their primary residence. However, Chapter 12 does not limit cramdown in this way, so farmers and fisherman who qualify under the act can reduce what they owe on their home under the right circumstances, allowing them to continue running their business.

03/15/2024

What is Chapter 11 Bankruptcy?

When businesses or individuals face serious financial hardship, they have several options when it comes to filing for bankruptcy. Among those options is Chapter 11, also known as reorganization bankruptcy.

Chapter 11 is a type of bankruptcy that allows debts to be restructured and repaid over a long period of time. Both individuals and organizations may file for it, but the vast majority of Chapter 11 filings are businesses.

For businesses, filing for reorganization bankruptcy allows them to continue operating while under the supervision of the bankruptcy court. As the name suggests, a fundamental component of every Chapter 11 case is the reorganization plan. This is the court-approved document detailing which creditors will be repaid, the amounts to be paid and the timing of all payments. The debtor proposes a plan and the creditors then have an opportunity to respond to the proposal. This phase of the filing process can be time-consuming and contentious as debtors and the creditors seek to come to an agreement on an acceptable repayment plan. Ultimately the bankruptcy judge will decide whether to reject, approve or modify the proposed Chapter 11 plan.

A Chapter 11 plan usually spans a period of many years. During this time the business will make payments to creditors using funds generated from continuing operations or the sale of existing assets. Ex*****on of the plan is overseen by a bankruptcy trustee, who is well-versed in all aspects of business bankruptcy and reports directly to the bankruptcy court.

Once the company repays the debts in accordance with their reorganization plan, it is then free of bankruptcy limitations and court supervision and can continue operations as normal without reporting to the trustee.

Not every Chapter 11 case is successful, however. Companies that do not meet the obligations set forth in the plan, whether due to worsening economic conditions, financing commitments falling through or key employees leaving the company, can move to have their Chapter 11 filing converted to a Chapter 7 filing. Then they must shut down and liquidate their assets in order to pay creditors some of the past obligations.

The Small Business Reorganization Act (SBRA) went into effect on February 19, 2020. This Act streamlined the bankruptcy process for small businesses. Several of the rules applicable to the regular Chapter 11 bankruptcy are eliminated under this Act, making it preferable for those businesses that qualify.

12/05/2023

Working with a Tax Attorney to Develop an Installment Agreement to Pay Back the IRS

Owing money to the treasury can be nerve wracking. The Internal Revenue Service (IRS) wields enormous power to collect its debts and has the legal authority to freeze assets and seize property. In extreme cases, it can subject taxpayers to arrest and imprisonment. With so much riding on getting everything right, it would be wise to avoid navigating the perils of the IRS bureaucracy alone.

The IRS routinely enters into installment agreements with taxpayers for back taxes. To qualify for an installment agreement, you must be up to date with federal tax filings and payments in the current year. The IRS can impose interest and penalties on the outstanding debt. These costs can be rolled into the periodic payments over the life of the plan. Installment plans often span a period of several years. In addition, defaulting on a payment plan can have serious legal and financial consequences for you.

If you are behind on taxes, you should engage a qualified tax attorney for guidance. Understanding the tax code and enforcement regulations takes a high level of legal expertise. Any proposed installment agreement must be both acceptable to the IRS and realistic for you, the taxpayer. Naturally, the IRS wants to get the funds into the treasury as soon as possible, but paying off the debt quickly is also in your best interests. Resolving the enforcement action can shield you from accrued interest and penalties.

The installment plan should not be so aggressive that it leaves no room for error. Missing payments to the IRS can trigger a default, while not paying other expenses in order to pay the IRS can also have significant personal consequences. A good tax attorney can craft a plan that is both acceptable to the IRS and achievable for you.

We here at Anker Law Group are proud to be one of South Dakota’s most respected law firms. Our Rapid City-based tax lawyers each have decades of experience in all aspects of federal income taxation. We are also admitted to practice before the U.S. Tax Courts in all relevant matters. If you or a family member has a tax situation, feel free to contact us online or call 605-718-7050 for an initial consultation.

07/31/2023

How a Living Trust Can Help You Protect Your Family Farm

Family farms are essential to American life. People across the country depend on the food grown in our heartland. In South Dakota, family farming is a way of life, and one that should be protected for future generations.

Several obstacles can get in the way of smooth farm succession. Federal estate tax may be based upon the value of the farm. If not properly planned for, a tax obligation may leave an heir with no choice but to sell the family farm to pay the tax bill. The same thing can happen if the owners of a farm are sued. Family farms can also face financial difficulty if one of the owners requires nursing home care.

One of the options available for protecting your family farm is a trust. Trusts are versatile planning tools and come in many forms, like a living trust.

A farm owner may manage and transfer assets within a living trust at any time while they are alive, which makes it different from a testamentary trust, which only goes into effect once the owner dies. The living trust should be part of a larger estate plan created with an estate planning attorney. Once the trust is created, the farm owner can transfer the farm, land and/or business and other property to the trust but may serve as the trustee throughout his or her lifetime.

Some questions that you should discuss with your attorney before creating a living trust are:
• Who will be responsible for taxes, including real estate taxes, capital gains taxes, employment taxes, federal estate taxes and/or state inheritance taxes?
• Who will control the business, make decisions on who to hire, purchase equipment and determine the day-to-day business of the farm?
• How will profits from the operation of the farm be used?
• How will the family members be compensated for their work on the farm?
• How will the trust help protect the farm in case one of the beneficiaries is named as a defendant in a lawsuit?
• Who or what company should be chosen as the successor trustee, to take over when the trust creator passes away?
• What will change, if anything, in operation of the trust and farm when the trust creator passes away?

Here at the law firm of Anker Law Group, P.C., we understand the interests of South Dakota family farmers. We would be happy to sit down with you to learn about your wishes for your family farm and suggest legal tools to best accomplish your goals. To schedule a consultation at our offices in Rapid City, call us at 605-519-5967 or contact us online.

04/14/2023

What Debts Can’t Be Discharged Through Bankruptcy?

Deciding to file for bankruptcy is often tough, but the relief it can offer is substantial, making it an attractive option for those needing a fresh financial start. The predominant motivation for filing for most individuals is to wipe out debt. However, not all debts can be discharged through bankruptcy.

In the instance of debt elimination, a bankruptcy discharge means a debtor is no longer obligated to pay any of the debts discharged by the courts, and creditors cannot continue to try and collect on them.

Federal bankruptcy law defines the kinds of debts eligible for discharge, and they typically fall into two main categories: those almost always discharged and those rarely or never released.
Financial obligations that are usually approved for discharge include:

• Credit card debt
• Medical bills
• Personal loans
• Utility bills

In contrast, the several types of debt that are rarely forgiven without a compelling legal reason or, in some instances, never discharged as doing so would violate the U.S. bankruptcy code include:

• Debts not included in the bankruptcy petition
• Most taxes
• Student loans, unless an individual can prove undue hardship and meet all necessary requirements
• Child support or alimony, including attorneys’ fees for child custody or support
• Fines or penalties owed to government agencies
• Financial obligations for personal injury settlements/awards involving a drunk driving accident
• Criminal restitution and other court fines or penalties
• Debts created through fraudulent activity
• Financial obligations related to willful injury or wrongful death

A creditor can file with the court lobbying against the dismissal of the debt. If they are successful, the debtor will remain liable for the amounts due to the creditor.

While debts discharged by the bankruptcy courts do not become taxable income, it’s a good idea to consult a tax professional following a bankruptcy as canceled debt may reduce other tax benefits previously available.

The bankruptcy attorneys of Anker Law Group in Rapid City, South Dakota, help clients file for bankruptcy relief. Our firm has extensive experience handling personal, business, and farming bankruptcies. To schedule a free initial consultation with a member of our legal team, call 605-718-7050 or contact us online.

Address

1301 West Omaha, Suite 207
Rapid City, SD
57701

Opening Hours

Monday 8am - 5pm
Tuesday 8am - 5pm
Wednesday 8am - 5pm
Thursday 8am - 5pm
Friday 8am - 5pm

Telephone

+16057187050

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