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If you're researching Chapter 13 bankruptcy in South Carolina, you're likely trying to figure out:
This guide breaks down how Chapter 13 works in South Carolina, including how payments are calculated, what you can expect to pay, and how state-specific rules may impact your case.
There are many differences between a Chapter 7 vs Chapter 13 bankruptcy.
In South Carolina, Chapter 13 is commonly used to:
To file Chapter 13 in South Carolina, you must complete the bankruptcy means test.
This determines:
Your average monthly income is based on the last 6 months of income before filing.
Here’s how it works:
Then:
Your income determines how long your plan lasts:
In South Carolina, where incomes vary between coastal cities like Charleston, inland areas like Columbia, and more rural regions, this can significantly impact your payment and plan length.
The median income numbers are set by the United States Trustee (UST) and updated regularly.
The current figures apply to cases filed on or after April 1, 2026.
| # of People | Annual Income |
|---|---|
| 1 | $64,808 |
| 2 | $83,761 |
| 3 | $95,672 |
| 4 | $116,314 |
| 5 | $127,414 |
| 6 | $138,514 |
| 7 | $149,614 |
| 8 | $160,714 |
| 9 | $171,814 |
Your monthly payment is based on a combination of:
In South Carolina, this often includes:
Once you understand how payments are calculated, you can estimate your plan:
Estimate in 2–10 minutes:
Here’s a typical cost breakdown:
There is a second part of the Means Test that calculates your disposable income. In most cases, all disposable income must be contributed to a Chapter 13 plan to repay your unsecured creditors. Unsecured creditors typically receive a small percentage of the money owed to them through a Chapter 13 plan. Any remaining amount owed to the unsecured creditors is discharged upon the successful completion of your plan.
The United States Trustee’s Office publishes a list of the living expenses that are allowable based on the size of your household. It’s important to note, If your actual expenses are higher than the expenses allowed for a household of your size, you may be able to provide proof of these expenses so the deductions in your case match your actual expenses. Payroll deductions like taxes, medical insurance, and retirement contributions are also taken into consideration to determine your disposable income. Payments on secured debts like mortgages (or rent) and vehicles are also factored in when determining disposable income.
The process to file Chapter 13 bankruptcy is similar across the state. So, a Chapter 13 bankruptcy in Charleston may be similar to Columbia. We will cover the decision to file Chapter 13 bankruptcy, locating a Chapter 13 bankruptcy attorney, credit counseling and debtor education course requirements, completing your bankruptcy forms, and filing your Chapter 13 bankruptcy petition.
Chapter 13 is is best described as a reorganization. The amount of your debt that you must repay depends on several factors, including but not limited to:
If you cannot pay your debts and you do not meet the income qualifications for a Chapter 7 bankruptcy case, a Chapter 13 bankruptcy case might be right for you.
Even though you are not required to hire a bankruptcy lawyer, filing Chapter 13 bankruptcy without a lawyer is not recommended. Chapter 13 bankruptcy cases are very complex. Calculating a Chapter 13 plan requires a great deal of experience and knowledge. Someone who does not understand Chapter 13 bankruptcy law could pay much more than is necessary to get out of debt.
Also, the court expects you to understand and know the law the applies in your case if you represent yourself. The court will not explain bankruptcy law to you, and it will hold you accountable for the errors you make in your case. Therefore, it is best to have an experienced Chapter 13 bankruptcy lawyer handle your case.
What are the benefits of hiring a Chapter 13 bankruptcy attorney in South Carolina?
Having a Chapter 13 bankruptcy attorney handle your case means you have someone on your side who can help you avoid mistakes and errors that could hurt your case.
As part of your Chapter 13 case in South Carolina, it is a requirement to complete two bankruptcy courses. One must be completed before you can file your case, and another must be completed before you can get your discharge. The bankruptcy courses are available online from approved companies for a small fee. Moreover, the courses typically take between 90 minutes and two hours to complete.
Here are the approved providers in South Carolina:
Accordingly, it’s a good idea to check to make sure you are using the most recent list of approved providers. If you hire an attorney to assist you with the Chapter 13, they can help you find the least expensive option for the credit counseling course.
The Credit Counseling Course must be completed before you are eligible to file a Chapter 13 bankruptcy. Also, you need to complete the Debtor Education Course after filing the Chapter 13 bankruptcy petition and before you can get a discharge. It is a good idea to complete the second bankruptcy course as soon as possible after filing the Chapter 13 case so that you do not forget about the course and lose your bankruptcy discharge.
A typical Chapter 13 bankruptcy petition could be 100 or more pages. When you file Chapter 13, you must complete the approved bankruptcy forms and any local bankruptcy forms required by the bankruptcy court. Your bankruptcy lawyer completes the forms and reviews each form with you to ensure accuracy and completeness before the attorney files the forms with the court.
The forms for a South Carolina Chapter 13 case includes information about your:
The Statement of Financial Affairs is a form with almost two dozen questions about your recent financial transactions. It includes income for the past two years, recent payments to certain creditors and insiders, a list of lawsuits, gifts, contributions, leases, transfers, and other information. Your bankruptcy attorney assists you in gathering information and completing your bankruptcy forms.
Your bankruptcy lawyer files your bankruptcy forms and obtains a case number. The bankruptcy court schedules a First Meeting of Creditors and a Confirmation Hearing. In most cases, these are the only two hearings that bankruptcy debtors attend. In South Carolina, the first meeting is held via Zoom. Your bankruptcy lawyer prepares you for the hearing and attends the hearings with you.
Once your Chapter 13 bankruptcy plan is confirmed, you continue to pay your Chapter 13 bankruptcy payments until your case is complete. If you have any problems or questions, you contact your Chapter 13 bankruptcy attorney immediately. Your attorney is there to direct and guide you so that you can complete your bankruptcy plan to get a fresh start, free from the debts that are weighing you down and preventing you from achieving your financial goals.
South Carolina bankruptcy exemptions protect the net equity in the property from repaying your debts. In a Chapter 13 case, non-exempt equity increases the amount of money you must pay each month to your unsecured creditors. Therefore, it is important to claim all allowable bankruptcy exemptions.
Net equity is calculated by subtracting a valid lien (i.e. mortgage, title loan, etc.) and the allowable bankruptcy exemption from the fair market value of an asset. If the result is zero or negative, the asset does not impact your Chapter 13 plan payment.
This exemptions list appears to outline most South Carolina bankruptcy exemptions. The specific amounts used for South Carolina bankruptcy exemptions are revised periodically. As a result, you must use the most current information available here. See some of the most common South Carolina bankruptcy exemptions below.
Below are the most common bankruptcy exemptions in South Carolina based on the latest inflation-adjusted amounts. These are the numbers typically used in real bankruptcy cases.
Please note: South Carolina law lists lower base amounts in the statute, but those numbers are periodically adjusted for inflation. The values below reflect the most current estimates used in practice.
The homestead exemption protects equity in your primary residence.
The homestead exemption is currently $80,125 per person.
If you are married and filing jointly, you may be able to protect up to $160,250 in home equity, depending on how the property is owned.
South Carolina statute reference: S.C. Code Ann. § 15-41-30(A)(1)
The automobile exemption in South Carolina is currently $8,000.
This exemption applies to one vehicle. If you own multiple vehicles, you cannot split this exemption across them.
The jewelry bankruptcy exemption in South Carolina is $1,600.
The tools of the trade bankruptcy exemption in South Carolina is $2,400.
The wildcard bankruptcy exemption in South Carolina is up to $8,000.
The cash bankruptcy exemption in South Carolina is $7,600.
Below is specific special handling of bankruptcy exemptions in South Carolina.
If you look up South Carolina exemption laws online, you will likely see lower numbers listed in the statute.
That’s because the statute provides base amounts, which are then adjusted over time based on inflation (CPI).
The numbers shown above reflect those inflation-adjusted amounts, which are what bankruptcy courts and attorneys actually use in practice.
Here are other common exemptions. There may be limits to the amount of the bankruptcy exemption, so please be sure to check each one individually.
Not covered here include less common exemptions such as illness benefits, firefighter pensions, and retirement involving stock. However, we encourage you to research the official South Carolina legal text for more information.
Federal bankruptcy exemptions are located in the Bankruptcy Code under 11 U.S.C. §562. You can also view a list of the federal bankruptcy exemptions published by NCLC. The amounts of the bankruptcy exemptions periodically change.
However, the Bankruptcy Code permits states to “opt out” of using federal bankruptcy exemptions. Most states choose to enact state-specific bankruptcy exemptions. Some states require debtors to use state-specific exemptions, while other states allow debtors to choose between federal and state bankruptcy exemptions.
South Carolina is a state that does not allow you to use federal bankruptcy exemptions. If not allowed, with very few exceptions, you must use South Carolina bankruptcy exemptions if you have resided in South Carolina for at least 730 days before filing a Chapter 13 bankruptcy in South Carolina. If you have not resided in South Carolina for at least 730 days, you must follow the rules of the state you resided in for the greater portion of 180 days before the 730 day period.
Some South Carolina exemptions may not be not as generous as federal bankruptcy exemptions or other state bankruptcy exemptions. If you are considering a move to South Carolina soon or recently moved to South Carolina, you may want to contact a bankruptcy lawyer to discuss the exemption laws that apply in your case.
The Chapter 13 bankruptcy process in South Carolina is similar for all Chapter 13 cases in the state. There are bankruptcy district(s) that represent where you file. Your current residence determines whether you file your bankruptcy case. See the South Carolina bankruptcy district(s) below.
In either case, the Chapter 13 bankruptcy process in South Carolina is the same. You need to begin by deciding whether Chapter 13 is right for you, locate a Chapter 13 bankruptcy attorney, complete the bankruptcy forms, and attend your bankruptcy hearings.
Let’s discuss the Chapter 13 bankruptcy process in South Carolina in more detail.
A Chapter 13 bankruptcy trustee administers each Chapter 13 bankruptcy case. Although, you do not have a choice of your Chapter 13 trustee. You can find the current list of the current Chapter 13 bankruptcy trustees on the UST’s website or below:
| Name | Phone |
|---|---|
| Gretchen D. Holland | (864) 242-0314 |
| Pamela A. Simmons-Beasley | (803) 779-5180 |
| William K. Stephenson, Jr. | (803) 744-0200 |
| James M. Wyman | (843) 388-9844 |
Some common questions that people ask about the Chapter 13 filing process in South Carolina include:
The benefits of the Chapter 13 filing process in South Carolina include:
Another benefit of the Chapter 13 process in South Carolina is getting rid of the stress and anxiety of dealing with debt problems. Financial problems can cause an enormous amount of stress, which can cause severe health problems. The Chapter 13 bankruptcy process in South Carolina allows you to take control of your debts and finances to relieve stress and anxiety.
There are several costs of filing Chapter 13 in South Carolina. Chapter 13 bankruptcy costs in South Carolina include bankruptcy attorney fees, the trustee fees, filing fee, bankruptcy courses and miscellaneous costs.
The bankruptcy attorney fees for a Chapter 13 case are higher than the fees charged for a Chapter 7 case because there is much more work for the attorney to perform in a Chapter 13 bankruptcy case. However, you do not need to pay all the fees upfront. Bankruptcy attorneys generally include all or most of the Chapter 13 bankruptcy fees in the Chapter 13 plan.
Chapter 13 bankruptcy lawyers can itemize their fees, but most charge a flat fee for Chapter 13 cases. The South Carolina Bankruptcy Courts limit the flat fee amounts, which are increased periodically to reflect inflation. These are called no look fees.
If you are interested in filing Chapter 13, you can use our Bankruptcy Attorney Fee Estimator to obtain an estimate of the attorneys’ fees for Chapter 13 in your area. You also receive a list of Chapter 13 bankruptcy attorneys near you. Ascend can help you contact the attorneys to arrange a free consultation to discuss filing Chapter 13 in South Carolina in more detail.
One of the highest costs in a Chapter 13 bankruptcy in South Carolina is the Chapter 13 bankruptcy trustee fees. A Chapter 13 bankruptcy is often a 3 or 5-year plan. So, there are many administrative tasks for the Chapter 13 bankruptcy trustee.
Here’s the breakdown of South Carolina Chapter 13 bankruptcy trustee fees: 10.0%. Just as a reference, this can result in thousands of dollars in trustee fees. Our Chapter 13 calculator helps estimate what that fee would be.
The bankruptcy filing fee for a Chapter 13 case is $313. The fee is paid to the bankruptcy court. The fee is the same whether you file an individual case or a joint bankruptcy filing with your spouse.
There are two bankruptcy courses that you must complete as part of Chapter 13. The first bankruptcy course or Credit Counseling Course must be completed before you file your Chapter 13 bankruptcy petition. You can shop around to find a credit counseling agency in South Carolina that offers the course for the lowest price. Most agencies charge $15 to $50 for the course.
The second bankruptcy court or Debtor Education Course must be completed after you file your Chapter 13. Many of the credit counseling agencies offer both bankruptcy courses. Some agencies offer discounts for taking both courses through the agency. The Debtor Education Course in South Carolina can be as low as $10 through some agencies.
If you choose to file Chapter 13 without an attorney, you will have miscellaneous fees. You may need to pay for credit reports to verify you have listed all creditors on your bankruptcy forms. You are also responsible for the postage for mailing bankruptcy notices and other required forms to creditors and other parties in interest. Throughout your bankruptcy case, you will be required to mail notices or other information to your creditors and parties in interest.
Some people go through several financial difficulties during their lifetime. A person could need help from the bankruptcy system more than once. For that reason, bankruptcy cases are not limited to one case per person. You can file bankruptcy again if you need debt relief.
There are no restrictions on the number of bankruptcy cases a person may file. However, there are mandatory waiting times for obtaining a bankruptcy discharge. The bankruptcy discharge is the legal order that forgives your debt. Therefore, filing a bankruptcy case without receiving a bankruptcy discharge is generally a waste of time and money.
If you need to file another bankruptcy case, it is crucial to know the waiting periods for receiving a bankruptcy discharge. The time limits are based on the filing dates of the bankruptcy cases:
It is usually best to talk to a bankruptcy lawyer before filing Chapter 13 again. You want to ensure that there are no specific situations that apply in your case that could interfere with obtaining another Chapter 13 bankruptcy discharge. Also, there could be another debt relief option that would work in your situation that could help you avoid another Chapter 13 bankruptcy in South Carolina.
However, a Chapter 13 bankruptcy in South Carolina may not be right for everyone. You may have another solution to your debt problem that works better for your situation. There are 11 common bankruptcy alternatives, but we will cover 2 of the most popular. Ascend’s goal is to help you explore various debt relief options to help you find a solution to your debt problems that work for you.
Our Debt Settlement Guide and our article entitled “Debt Management vs. Debt Settlement” provide valuable information about non-bankruptcy alternatives for getting out of debt.
Debt management (also known as credit counseling) is another common alternative to Chapter 13 bankruptcy. In debt management, a credit counseling agency would negotiate the interest rate with your creditors. For example, a credit counseling agency may negotiate your credit card interest rate from 23% to 9%. Debt management is often best with high-interest credit cards. You may save less in a debt management program than a debt settlement program because interest rate reduction may not save as much as debt amount reduction.
Before you make any decisions regarding debt relief, make sure you have all the facts.
In short, deciding to file a Chapter 13 bankruptcy case in South Carolina can be overwhelming. Before you file bankruptcy, you may want to estimate your Chapter 13 plan payment that you can compare against your current monthly debt obligations. You can compare that plan payment estimate to your Chapter 13 bankruptcy alternatives below.
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