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Bankruptcy in South Carolina: Exemptions and Filing Guide

State-specific bankruptcy exemptions and filing information for South Carolina. These exemptions determine what property you can keep when filing Chapter 7 bankruptcy.

Data last updated: Jan 15, 2025

Key Takeaways

  • Homestead exemption: $67,325 (per debtor; no acreage limit).
  • Vehicle exemption: $6,325.
  • Must use state exemptions (no federal option).
  • Attorney fees: $1,000–$1,800 (Ch. 7) / $2,500–$4,000 (Ch. 13) typical.
$67,325 (per debtor; no acreage limit) Homestead exemption
$6,325 Vehicle exemption
No Federal option
$338 (Chapter 7) / $313 (Chapter 13) Filing fee

South Carolina Bankruptcy Exemptions

  • Homestead$67,325 (per debtor; no acreage limit)
  • Vehicle$6,325
  • Personal property$4,725 household goods
  • Wildcard$6,325 (unused portion of homestead, applied to any property)
  • Federal exemptionsNot available

Means Test: South Carolina Median Income

To qualify for Chapter 7 in South Carolina, your income must be below the state median or you must pass the means test showing no disposable income for creditors.

  • 1 person$53,200
  • 2 people$66,800
  • 3 people$76,200
  • 4 people$89,600

Filing Costs

  • Court filing fee$338 (Chapter 7) / $313 (Chapter 13)
  • Typical attorney fee$1,000–$1,800 (Ch. 7) / $2,500–$4,000 (Ch. 13)
  • Court districtsDistrict of South Carolina

South Carolina bankruptcy court

Related Resources

Frequently Asked Questions

  • What is South Carolina's homestead exemption?

    South Carolina provides a $67,325 homestead exemption per debtor with no acreage limitation.

  • Does South Carolina allow federal exemptions?

    No. South Carolina requires the use of state exemptions, though these were modeled after the federal system.

  • What is the wildcard exemption in South Carolina?

    South Carolina allows debtors to apply up to $6,325 of unused homestead exemption to any other property.

  • Can married couples double exemptions in South Carolina?

    Yes. When both spouses file jointly, exemption amounts can be doubled.

Legal Disclaimer: FreeNetLaw provides general legal information, not legal advice. The information on this site is not a substitute for consultation with a licensed attorney. Laws vary by jurisdiction and change frequently. Always verify information with official sources and consult a qualified attorney for advice about your specific situation.

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