Bankruptcy in South Carolina

Filing Bankruptcy in South Carolina

South Carolina requires filers to use state exemptions only. You cannot choose the federal exemption schedule. This means your homestead exemption is $63,250, which determines how much equity in your home is protected from creditors.

Homestead Exemption: $63,250

The homestead exemption protects equity in your primary residence during bankruptcy. In South Carolina, you can protect up to $63,250 of equity in your primary residence. If your home equity exceeds this amount, a Chapter 7 trustee could force a sale — making Chapter 13 (which lets you keep your home while repaying over 3-5 years) a safer option for homeowners with significant equity.

After Discharge: Rebuilding Credit in South Carolina

Once your bankruptcy is discharged, the rebuild process is the same regardless of state. Open a secured credit card (the Discover it Secured is the best option with $0 fee and Cashback Match), keep utilization below 10%, and add a credit-builder loan within 6 months.

If you plan to form a business after bankruptcy, South Carolina's LLC filing fee is $110 through the Secretary of State at www.sos.sc.gov. You can begin building business credit immediately after discharge — bankruptcy only affects your personal credit file, not your new LLC's business credit profile.