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What are bankruptcy exemptions in South Carolina?

Federal & State Law Editorial TeamLast reviewed: 2026-05-02

South Carolina has moderate to generous exemptions with regular CPI adjustments.

1. Opt-Out State — S.C. Code § 15-41-35

South Carolina opted out. Debtors must use South Carolina exemptions.

2. Homestead — S.C. Code § 15-41-30(A)(1)

  • $74,575 for individuals (effective July 1, 2024; adjusted every 2 years for CPI).
  • $149,150 for married couples filing jointly.

    • Adjustments are based on the Southeastern CPI.

    3. Wildcard — S.C. Code § 15-41-30(A)(11)

  • $7,500 in any property (introduced 2014). Doubled for joint filers ($15,000).
  • Important caveat: If the debtor uses the wildcard, certain other specific exemptions are reduced. Check current statutory language.

    • 4. Motor Vehicle — S.C. Code § 15-41-30(A)(2)

  • $7,475 equity in one motor vehicle.

    • 5. Personal Property — S.C. Code § 15-41-30(A)(3)

  • Household goods, furniture, appliances, books, animals, crops, musical instruments: $5,975 aggregate.
  • Jewelry — § 15-41-30(A)(4): $1,495.

    • 6. Tools of Trade — S.C. Code § 15-41-30(A)(7)

  • $1,765.

    • 7. Wages

    South Carolina does not generally allow wage garnishment for consumer debts (S.C. Const. art. III, § 28) — among the strongest wage protections in the country. Garnishment allowed only for taxes, child support, and federally-required actions.

    8. Retirement Accounts — S.C. Code § 15-41-30(A)(13)

  • ERISA plans, IRAs, Roth IRAs: fully exempt to extent reasonably necessary for support of debtor and dependents.

    • 9. Insurance — S.C. Code § 15-41-30(A)(8)

  • Life insurance unmatured contract — full value.
  • Cash value — $4,475.

    • 10. Public Benefits — S.C. Code § 15-41-30(A)(10)

    Social Security, unemployment, workers' comp, veterans', public assistance — fully exempt.

    11. Personal Injury Proceeds — S.C. Code § 15-41-30(A)(12)

  • $14,950 for personal bodily injury.
  • Future earnings: amount necessary for support.

    • 12. Wrongful Death Proceeds — S.C. Code § 15-41-30(A)(11)

    Amount reasonably necessary for support — exempt.

    13. Health Aids — S.C. Code § 15-41-30(A)(9)

    Fully exempt.

    14. Burial Plot

    Included as part of homestead.

    15. Tenancy by the Entirety

    South Carolina recognizes — joint marital property exempt from individual creditors (limited to homestead historically; check current case law).

    16. Domicile Requirement

    730-day rule under 11 U.S.C. § 522(b)(3).

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You face wage garnishment from a creditor not subject to SC's general prohibition
    • Your home equity exceeds $74,575 and you need to consider Chapter 13
    • Your IRA balance is large and 'reasonably necessary for support' may be contested
    Related Statutes & Laws
    • S.C. Code § 15-41-30
    • S.C. Code § 15-41-35
    • S.C. Const. art. III, § 28

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.