South Carolina Bankruptcy Laws

Standard federal filing fees. All cases filed in the District of South Carolina (offices in Columbia, Charleston, Spartanburg).

Pre-filing credit counseling and pre-discharge debtor education are required (federal requirements).

The homestead exemption is $76,125 for individuals and $152,250 for married couples filing jointly (amounts adjusted July 1, 2024). Next adjustment: July 1, 2026. This is one of the more generous homestead exemptions among southeastern states.

Motor vehicle: $6,100. Household goods/personal property: $6,100. Jewelry: $1,525. Tools of the trade: $2,025. All amounts adjusted for inflation every even-numbered year.

$7,600 wildcard that can be applied to any property — more generous than many states.

South Carolina prohibits wage garnishment for consumer debts — regardless of where the debt originated. One of the most consumer-protective states for wage protection. Exceptions: child support (50-60% depending on circumstances), federal student loans, and tax debts.

Retirement accounts are fully exempt with no dollar limit.

South Carolina has opted out of federal bankruptcy exemptions. Debtors must use state exemptions. Must be domiciled in SC for 730 days (2 years) to use SC exemptions.