South Carolina Bankruptcy Exemptions

The chart below contains a summary of South Carolina state bankruptcy exemptions and other relevant statutory laws.
Click here for complete State of South Carolina bankruptcy exemptions laws.

Note: Federal bankruptcy exemptions are available.
Click here for Federal Bankruptcy Exemptions

Personal exemptions allowed by South Carolina Bankruptcy Law

Note: Under the 2005 bankruptcy law, almost all types of tax-exempt retirement accounts are exempt in bankruptcy whether state or Federal exemptions are used. Exemptions for 401(k)s, 403(b)s, profit-sharing and money purchase plans, and defined benefit plans include the entire account amounts. However, with traditional and Roth IRAs, the exemption is limited to a total value of $1,171,650 per person for all accounts held by the debtor (not per account). The total value amount is adjusted every three years for inflation. The relevant statutes: 11 U.S.C. §522(d)(12) for Federal bankruptcy exemptions; 11 U.S.C. §522(b)(3)(C) for state bankruptcy exemptions.

ASSETEXEMPTIONLAW
South Carolina HomesteadReal Property to $53,37515-41-30(A)(1)
WagesNone, but can use Federal nonbankruptcy wage exemption
AutomobileUp to $5,35015-41-30(A)(2)
Other propertyAccident and disability benefits38-63-40(D)
Alimony and child support15-41-30(A)(10)(d)
Animals, crops, appliances, books, clothing, household goods, furnishings, musical instruments to $4,275 total15-41-30(A)(3)
Health aids15-41-30(A)(10)
Burial plot to $53,375, in lieu of homestead15-41-30(1)
Implements, books, and tools of trade to $1,60015-41-30(A)(6)
WildcardUp to $5,350 for any property from unused exemption amounts (for homestead, burial, automobile, personal property, jewelry, or tools of trade exemptions)15-41-30(A)(7)

Note: While this reference information is current as of October 2010, it may not reflect the most up-to-date exemption figures on official state of South Carolina bankruptcy court statutes.

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