South Carolina Bankruptcy Exemptions
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Insurance Lawyer
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...
Jeffrey Johnson
Insurance Lawyer
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...
Jeffrey Johnson
Updated January 2025
| 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:
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