Bankruptcy exemptions in South Carolina: what you can keep

What property South Carolina law protects in bankruptcy, item by item.

Checked against official sources: October 25, 2026.

Short answer

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).

Exemption system: State exemptions only
Car or other vehicle: $8,000 in one motor vehicle, per debtor.
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.
Amounts: Amounts effective July 1, 2026.

The South Carolina exemption list

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	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 South Carolina homestead exemption

$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)

What changed in 2024–2026 in South Carolina

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.

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)

Retirement money in tax-exempt accounts is protected whichever set of exemptions you use (IRAs subject to the 522(n) cap).

Law: 11 U.S.C. 522(b)(3)(C), 522(d)(12), 522(n)

The 730-day rule

You use the exemption law of the state where you lived (your domicile) for the full 730 days (2 years) before you filed. If you moved between states during those 2 years, you use the law of the state where you lived for the 180 days before that 2-year period, or where you lived the longest part of those 180 days.

Law: 11 U.S.C. 522(b)(3)(A)

South Carolina's exemptions apply to a debtor 'domiciled in this State'.

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

If this rule leaves you with no exemptions at all (for example, the state's exemptions apply only to its residents and you no longer live there), you can use the federal exemptions instead.

Law: 11 U.S.C. 522(b)(3), flush language

In nearby states

North Carolina: State exemptions only. Home (homestead): $35,000 in equity in real or personal property that you or a dependent use as a residence (including a co-op or a mobile home) or in a burial plot.
Georgia: State exemptions only. Home (homestead): $50,000 of your interest in real or personal property that you or a dependent use as a residence, or in a burial plot.
Virginia: State exemptions only. Home (homestead): up to $50,000 in real or personal property used as the principal residence of you or your dependents.
West Virginia: State or federal, your choice. Home (homestead): up to $35,000 in real or personal property that you or a dependent uses as a residence, or in a burial plot for you or a dependent.

Your next steps in South Carolina

Make a property list
Every item of property goes on Official Form 106A/B.
Check the exemption list
For each item, find the South Carolina exemption that covers it and its limit.
Claim your exemptions
You claim exemptions on Official Form 106C.
Ask for free help
Legal aid can help for free: South Carolina Legal Services (free representation if you qualify by income) and Bankruptcy Ask-A-Lawyer (monthly free phone consultation, Bankruptcy Court with the S.C. Bar).

Free legal help in South Carolina

Questions about exemptions 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.

Can I keep my car in South Carolina?

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

Is there a wildcard in South Carolina?

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 personal property is protected 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.

What is the wage exemption 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.