South Carolina Bankruptcy Exemptions

UPDATED: Jul 16, 2021

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 16, 2021

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UPDATED: Jul 16, 2021

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It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jul 16, 2021Fact Checked
Assets Exemption State Statutes
Homestead Real property, including co-op, to $50,000 (joint owners may double). S.C. Code Ann. § 15-41-30 (A)(1) 
Insurance Accident & disability benefits. S.C. Code Ann. § 38-63-40 (D)
  Benefits accruing under life insurance policy after death of insured, where proceeds left with insurance company pursuant to agreement; benefits not exempt from action to recover necessaries if parties agree. S.C. Code Ann. § 38-63-50
  Life insurance avails from policy for person you depended on to $4,000.  S.C. Code Ann. § 15-41-30 (A)(9)
  Life insurance proceeds from policy for person you depended on, needed for support. S.C. Code Ann. § 15-41-30 (A)(11)(c)
  Proceeds & cash surrender value of life insurance payable to beneficiary other than insured’s estate and for the express benefit of insured’s spouse, children, or dependents (must be purchased 2 years before filing to avoid $4,000 cap).  S.C. Code Ann. § 38-63-40 (A)
S.C. Code Ann. § 15-41-30 (A)(8)
  Proceeds of life insurance or annuity contract held by insurer, by agreement.  S.C. Code Ann. § 38-63-40 (B)
  Unmatured life insurance contract, except credit insurance policy. S.C. Code Ann. § 15-41-30 (A)(8)
  Disability or illness benefits. S.C. Code Ann. § 15-41-30(A)(11)(c)
  Fraternal benefit society benefits. S.C. Code Ann. § 38-38-330
 Misc. Alimony, child support. S.C. Code Ann. § 15-41-30 (A)(11)(d)
  Property of business partnership. S.C. Code Ann. § 33-41-720
Pensions & Retirement Savings ERISA-qualified benefits; your share of the pension plan fund. S.C. Code Ann. § 15-41-30 (A)(11)(e),(14)
  Firefighters. S.C. Code Ann. § 9-13-230
  General assembly members. S.C. Code Ann. § 9-9-180
  IRAs, with numerous limitations. S.C. Code Ann. § 15-41-30 (A)(13)
  Judges, solicitors. S.C. Code Ann. § 9-8-190
  Police officers. S.C. Code Ann. § 9-11-270
  Public employees. S.C. Code Ann. § 9-1-1680
Personal Property Animals, crops, appliances, books, clothing, household goods, furnishings, musical instruments to $4,000 total. S.C. Code Ann. § 15-41-30 (A)(3)
  Burial plot to $50,000, in lieu of homestead (joint owners may double). S.C. Code Ann. § 15-41-30 (A)(1)
  Cash & other liquid assets to $5,000, in lieu of burial or homestead exemption. S.C. Code Ann. § 15-41-30 (A)(5)
  College investment program trust fund. S.C. Code Ann. § 59-2-140
  Health aids. S.C. Code Ann. § 15-41-30 (A)(10)
  Jewelry to $1,000. S.C. Code Ann. § 15-41-30 (A)(4)
  Motor vehicle to $5,000. S.C. Code Ann. § 15-41-30 (A)(2)
  Personal injury & wrongful death recoveries for person you depended on for support.  S.C. Code Ann. § 15-41-30 (A)(12)(b)
Public Benefit Crime victims’ compensation.  S.C. Code Ann. § 15-41-30 (A)(12)(a)
S.C. Code Ann. § 16-3-1300
  General relief; aid to aged, blind, disabled. S.C. Code Ann. § 43-5-190
  Local public assistance. S.C. Code Ann. § 15-41-30 (10)(A)
  Social Security. S.C. Code Ann. § 15-41-30 (A)(11)(a)
  Unemployment compensation. S.C. Code Ann. § 15-41-30 (A)(11)(a)
  Veterans’ benefits. S.C. Code Ann. § 15-41-30 (A)(11)(b)
  Workers’ compensation. S.C. Code Ann. § 42-9-360
Tools of Your Trade Implements, books, & tools of trade to $1,500.  S.C. Code Ann. § 15-41-30 (A)(6)
Wages None listed.  
Wildcard Up to $5,000 for any property, from unused exemptions amounts for homestead, burial, motor vehicle, personal property, jewelry or tool of trade exemptions. S.C. Code Ann. § 15-41-30 (A)(7)

Resources:
South Carolina Bankruptcy Attorneys

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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