South Carolina Bankruptcy Exemptions
What property can you keep when filing Chapter 7 in South Carolina?
South Carolina Homestead Protection
$58,255
South Carolina protects up to $58,255 of equity in your primary residence from creditors.
South Carolina Exemption Table
2025/2026 figures — Chapter 7 bankruptcy
How to Claim Exemptions in South Carolina
To claim your South Carolina bankruptcy exemptions, you must list each exempt asset on Schedule C of your bankruptcy petition. South Carolina has opted out of the federal exemption system, so debtors must use South Carolina state exemptions only. A bankruptcy preparer can help you list your property correctly — all claims are subject to court approval.
How does South Carolina compare to other states?
Use the side-by-side comparison tool to see which state offers more protection for your assets.
Frequently Asked Questions
How much home equity can I protect in South Carolina bankruptcy?
South Carolina's homestead exemption protects up to $58,255 of your home's equity. If your equity exceeds this amount, the Chapter 7 trustee may sell your home — though in practice, most filers don't exceed this limit.
Can I keep my car when filing bankruptcy in South Carolina?
South Carolina's vehicle exemption protects up to $5,825 in car equity. If your car is worth less than this (or your equity after the loan balance is within this limit), you can typically keep it. If you're financing the car, you may also reaffirm the debt to keep it regardless of equity.
Are retirement accounts protected in South Carolina bankruptcy?
Yes — South Carolina protects Unlimited in qualified retirement accounts. This includes 401(k), 403(b), IRA, and pension accounts. Retirement assets are among the strongest-protected assets in bankruptcy across all 50 states.
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Non-Attorney Notice: JustiPal™ is a document preparation service — not a law firm. Exemption amounts shown are for educational purposes and reflect general 2025/2026 figures. Individual results depend on your specific assets, equity calculations, and applicable state law. Consult a licensed bankruptcy attorney for legal advice specific to your situation.