South Carolina Bankruptcy Exemptions

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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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Written by Jeffrey Johnson
Insurance Lawyer Jeffrey Johnson

UPDATED: Jul 16, 2021

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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)

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