Bankruptcy in South Carolina

In South Carolina you use state exemptions only (exemptions are the property the law lets you keep). Your home (homestead): $80,125 per debtor in your home (or a co-op or a burial plot for you or a dependent).

You file in the U.S. Bankruptcy Court for the District of South Carolina.

Checked against official sources: October 25, 2026. · Free letter and checklist ↓

What you can keep in South Carolina

Exemptions are the property the law lets you keep. You use the South Carolina list. The federal list is not available in South Carolina.

Law: S.C. Code 15-41-35

WhatSouth Carolina exemption
Home (homestead)

$80,125 per debtor in your home (or a co-op or a burial plot for you or a dependent). The total for all owners of one home is capped at $160,250.

A married couple who both own the home and both file can claim up to $160,250 together. A surviving spouse who has not remarried, lives in the home and gets the homestead property tax exemption may also exempt the share inherited from the deceased spouse, up to $50,000 (the amount written in the statute). If you claim a homestead exemption, you cannot use the $8,000 cash and liquid assets exemption.

Law: S.C. Code 15-41-30(A)(1)

Car or other vehicle

$8,000 in one motor vehicle, per debtor.

Law: S.C. Code 15-41-30(A)(2)

Household goods and clothing

$6,400 total in household furnishings, household goods, clothing, appliances, books, animals, crops and musical instruments; plus $1,600 total in jewelry; plus professionally prescribed health aids (no cap). Amounts are per debtor.

Law: S.C. Code 15-41-30(A)(3), (4), (10)

Wildcard (any property)

Up to $8,000 of any unused part of the homestead, vehicle, household goods, jewelry, cash or tools exemptions, used on any property. Separately, $8,000 in cash and other liquid assets (bank deposits, unpaid wages, tax refunds and similar) only if you do not claim a homestead.

Law: S.C. Code 15-41-30(A)(5), (7)

Tools of your trade

$2,400 total in implements, professional books or tools of your trade or a dependent's trade.

Law: S.C. Code 15-41-30(A)(6)

Wages

No separate wage exemption in the bankruptcy list. Earned but unpaid wages and accrued vacation pay count as 'liquid assets' and can be protected with the $8,000 cash exemption (if you claim no homestead) or the wildcard.

Law: S.C. Code 15-41-30(A)(5), (7)

Retirement accounts

IRAs and Roth IRAs are exempt in full (subject to reduction for fraudulent transfers into them), as are ERISA-qualified pensions. Payments from pensions, annuities and similar plans are also exempt.

Law: S.C. Code 15-41-30(A)(11)(e), (13), (14)

Public benefits

Your right to receive Social Security, unemployment compensation, local public assistance, veterans' benefits, disability, illness or unemployment benefits, and alimony or support, and property traceable to them, is exempt.

Law: S.C. Code 15-41-30(A)(11)

Other exemptions
  • Unmatured life insurance policies you own (not credit life) are exempt, plus up to $6,400 of their accrued dividends, interest or loan value.
  • Personal injury and wrongful death payments, crime victim awards, and life insurance on a person you depended on, as needed for support.
  • Up to three firearms worth $3,000 total; this amount is not adjusted for inflation.

Law: S.C. Code 15-41-30(A)(8), (9); S.C. Code 15-41-30(A)(12); S.C. Code 15-41-30(A)(15), (B)

Amounts: Amounts effective July 1, 2026. Source: S.C. Revenue and Fiscal Affairs Office memo of February 3, 2026, 'Bankruptcy Property Exemption - Inflation Component'. The $3,000 firearms amount is not indexed.

The means test in South Carolina: first step

Official Form 122A-1 compares your household's yearly income with the median income in South Carolina. Here are the official medians:

  • 1 person$64,808
  • 2 people$83,761
  • 3 people$95,672
  • 4 people$116,314
  • Each extra person+$11,100

Applies to cases filed on or after April 1, 2026. 1 = one earner; 2, 3, 4 = people in the household; add = amount added for each person over 4

The numbers are worked out in your browser. Nothing you enter here is saved or sent.

Before taxes. Add up all income for the last 6 months and divide by 6.

Enter your household size and income

Where to file in South Carolina

You file in the federal district where you lived (your domicile) for most of the last 180 days. South Carolina has one bankruptcy court for the whole state; your county decides the division: https://www.scb.uscourts.gov/bankruptcy-court-divisions

Law: 28 U.S.C. 1408

U.S. Bankruptcy Court for the District of South Carolina

Divisions: Columbia, Charleston, Greenville/Spartanburg (clerk's office in Columbia)

Clerk's phone: (803) 765-5436

Court's self-help page

Free help in South Carolina

Free letter and checklist

Letter: tell a creditor you filed bankruptcy

Notice to a creditor or debt collector with your case number, court, filing date and chapter.

Checklist: what to gather before you file

Income, tax returns, debts, property and budget papers the federal forms ask about, with South Carolina's courts.

Bankruptcy in South Carolina by topic

Exemptions in South Carolina

Home, car, household goods, wildcard and more, with the law for each.

The means test in South Carolina

The official median income and the first-step check.

Where to file in South Carolina

The bankruptcy courts, divisions, fees and the 341 meeting.

Good to know in South Carolina

  • South Carolina filers must use the state exemption list; the federal list is not available.

    Law: S.C. Code 15-41-35

  • Most dollar amounts rise with inflation every two years; the current amounts took effect July 1, 2026 (S.C. Code 15-41-30(B); RFA memo of Feb. 3, 2026).
  • The $8,000 cash and bank account exemption is lost if you claim a homestead exemption.

    Law: S.C. Code 15-41-30(A)(5)

Changes in 2024–2026

July 1, 2024: homestead $76,125 ($152,250 per home), vehicle $7,600, household goods $6,100, jewelry $1,525, cash $7,600, tools $2,275, wildcard $7,600, life insurance loan value $6,100. July 1, 2026: homestead $80,125 ($160,250), vehicle $8,000, household goods $6,400, jewelry $1,600, cash $8,000, tools $2,400, wildcard $8,000, life insurance loan value $6,400.

Questions about bankruptcy in South Carolina

Can I use the federal bankruptcy exemptions in South Carolina?

No. South Carolina requires you to use the state exemptions.

What is the homestead exemption in South Carolina?

$80,125 per debtor in your home (or a co-op or a burial plot for you or a dependent). The total for all owners of one home is capped at $160,250.

How much of a car can I keep in bankruptcy in South Carolina?

$8,000 in one motor vehicle, per debtor.

Does South Carolina have a wildcard exemption?

Up to $8,000 of any unused part of the homestead, vehicle, household goods, jewelry, cash or tools exemptions, used on any property. Separately, $8,000 in cash and other liquid assets (bank deposits, unpaid wages, tax refunds and similar) only if you do not claim a homestead.

What household goods can I keep in South Carolina?

$6,400 total in household furnishings, household goods, clothing, appliances, books, animals, crops and musical instruments; plus $1,600 total in jewelry; plus professionally prescribed health aids (no cap). Amounts are per debtor.

Are retirement accounts protected in bankruptcy in South Carolina?

IRAs and Roth IRAs are exempt in full (subject to reduction for fraudulent transfers into them), as are ERISA-qualified pensions. Payments from pensions, annuities and similar plans are also exempt.

Are my wages protected in South Carolina?

No separate wage exemption in the bankruptcy list. Earned but unpaid wages and accrued vacation pay count as 'liquid assets' and can be protected with the $8,000 cash exemption (if you claim no homestead) or the wildcard.

Where do I file bankruptcy in South Carolina?

You file in the federal district where you lived (your domicile) for most of the last 180 days. South Carolina has one bankruptcy court for the whole state; your county decides the division: https://www.scb.uscourts.gov/bankruptcy-court-divisions

What is the median income for the means test in South Carolina?

For cases filed on or after April 1, 2026: 1 person: $64,808; 2 people: $83,761; 3 people: $95,672; 4 people: $116,314; Each extra person: +$11,100.

Where can I get free help with bankruptcy in South Carolina?

South Carolina Legal Services (free representation if you qualify by income), Bankruptcy Ask-A-Lawyer (monthly free phone consultation, Bankruptcy Court with the S.C. Bar) and S.C. Bar: Talk to a Lawyer for Free (email advice for income-eligible people).