South Carolina Bankruptcy

Here you will find information and resource links for South Carolina bankruptcy filings.



If you are not looking for information regarding South Carolina, please use the links on the left to find information for your state.



South Carolina Bankruptcy Courts - Location and Contact Information

South Carolina bankruptcy courts consist of one district, which is further divided into three divisions. Generally, the debtor's county of residence will determine which division the bankruptcy petition is filed. It may also be determined by the location of the debtor's principal place of business or principal assets.



DISTRICT OF SOUTH CAROLINA

Counties of Jurisdiction:

Columbia Division - Abbeville, Aiken, Allendale, Bamberg, Barnwell, Calhoun, Chester, Chesterfield, Darlington, Dillon, Edgefield, Fairfield, Florence, Greenwood, Hampton, Horry, Kershaw, Lancaster, Lee, Lexington, McCormick, Marion, Marlboro, Newberry, Orangeburg, Richland, Saluda, Sumter, Williamsburg and York Counties

Charleston Division - Beaufort, Berkeley, Charleston, Clarendon, Colleton, Dorchester, Georgetown and Jasper Counties

Spartanburg Division - Anderson, Cherokee, Greenville, Laurens, Oconee, Pickens, Spartanburg and Union Counties

DIVISION STREET ADDRESS MAILING ADDRESS TELEPHONE
Columbia
Division
U.S. Bankruptcy Court
1100 Laurel Street
Columbia SC 29201-2423
Same (803) 765-5436
Charleston
Division
U.S. Bankruptcy Court
145 King Street
Room 225
Charleston, SC 29401

Mail to Columbia Division (803) 765-5436
Spartanburg
Division
U.S. Bankruptcy Court
201 Magnolia Street
Spartanburg, SC 29306
Mail to Columbia Division
(803) 765-5436

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South Carolina Bankruptcy Laws and Exemptions

South Carolina Exemptions

The U.S. Bankruptcy Code allows individual debtors to exempt certain property from creditor claims based on exemptions under either federal law or state law. Exemptions vary from state to state. Some states have adopted their own set of bankruptcy exemptions that are used in place of the federal exemptions. However, other states give debtors an option to choose between either state or federal exemptions.

South Carolina bankruptcy law allows residents to use either the federal set of exemptions or state exemptions.

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Contact a South Carolina bankruptcy lawyer for more information regarding South Carolina bankruptcy exemptions.

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South Carolina Means Test

The new bankruptcy laws enacted in 2005 also require that debtors pass a means test before filing a Chapter 7 bankruptcy. There are two ways to pass the means test:

1. the debtor's annual income (calculated using the average gross income for the six month period prior to filing) must be below the state median. Census Bureau statistics for state median income by family size can be found here (for cases filed between April 1, 2013 and April 30, 2013).

2. If income exceeds the median income, individuals may still file Chapter 7 bankruptcy based on results of Form 22A: Chapter 7 Statement of Current Monthly Income and Means-Test Calculation.

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South Carolina Credit Counseling and Debtor Education Agencies

Pursuant to the new bankruptcy laws enacted in 2005, individuals who file personal bankruptcy (with limited exceptions) in South Carolina must:

1. take a credit counseling course from an approved South Carolina credit counseling provider within six months before filing bankruptcy; and

2. complete a debtor education course from an approved South Carolina debtor education agency prior to receiving a bankruptcy discharge.

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South Carolina Personal Bankruptcy Attorneys

To find South Carolina bankruptcy lawyers in your area, you may want to contact your local county bar association or the South Carolina Bar Association:

950 Taylor Street
Columbia, SC 29202
(803) 799-6653 

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Resources for South Carolina Bankruptcy Laws

U.S. Bankruptcy Court for the District of South Carolina - administrative and procedural information for South Carolina bankruptcy filings

Office of the U.S. Trustee for Region 4 - oversees the administration of South Carolina personal bankruptcy cases and case trustees

South Carolina Bar Association - information about the South Carolina bar, membership, ethics, continuing legal education, and resources for the public.

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