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
| What | South 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 |
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
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
Divisions: Columbia, Charleston, Greenville/Spartanburg (clerk's office in Columbia)
Clerk's phone: (803) 765-5436
Free help in South Carolina
- South Carolina Legal Services (free representation if you qualify by income) · 1-888-346-5592
- Bankruptcy Ask-A-Lawyer (monthly free phone consultation, Bankruptcy Court with the S.C. Bar) · 803-765-5045
- S.C. Bar: Talk to a Lawyer for Free (email advice for income-eligible people)
- S.C. Bar Lawyer Referral Service (reduced-fee first meeting) · 1-800-868-2284
- Find free legal aid at LawHelp.org
- U.S. Bankruptcy Court for the District of South Carolina – Court's self-help page
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).