Bankruptcy Exemption Citations
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← South Carolina Personal Property Exemptions

Exemption: Animals, crops, appliances, books, clothing, household goods, furnishings, musical instruments to $5,375 total

Citation: Stat. - S.C. Code Ann. § 15-41-30 (A)(3)

S.C. Code Ann. § 15-41-30 (A)(3):
� 15-41-30. Property exempt from attachment, levy, and sale.

The following real and personal property of a debtor domiciled in this State is exempt from attachment, levy, and sale under any mesne or final process issued by any court or bankruptcy proceeding:

(1) The debtor's aggregate interest, not to exceed five thousand dollars in value, in real property or personal property that the debtor or a dependent of the debtor uses as a residence, in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence, or in a burial plot for the debtor or a dependent of the debtor, except that the aggregate value of multiple homestead exemptions allowable with respect to a single living unit may not exceed ten thousand dollars. If there are multiple owners of such a living unit exempt as a homestead, the value of the exemption of each individual owner may not exceed his fractional portion of ten thousand dollars.

(2) The debtor's interest, not to exceed one thousand two hundred dollars in value, in one motor vehicle.

(3) The debtor's interest, not to exceed two thousand five hundred dollars in aggregate value in household furnishings, household goods, wearing apparel, appliances, books, animals, crops, or musical instruments, that are held primarily for the personal, family, or household use of the debtor or a dependent of the debtor.

(4) The debtor's aggregate interest, not to exceed five hundred dollars in value, in jewelry held primarily for the personal, family, or household use of the debtor or a dependent of the debtor.

(5) The debtor's aggregate interest in cash and other liquid assets to the extent of a value not exceeding one thousand dollars, except that this exemption is available only to an individual who does not claim a homestead exemption. The term "liquid assets" includes deposits, securities, notes, drafts, unpaid earnings not otherwise exempt, accrued vacation pay, refunds, prepayments, and other receivables.

(6) The debtor's aggregate interest, not to exceed seven hundred fifty dollars in value, in any implements, professional books, or tools of the trade of the debtor or the trade of a dependent of the debtor.

(7) Any unmatured life insurance contract owned by the debtor, other than a credit life insurance contract.

(8) The debtor's aggregate interest, not to exceed in value four thousand dollars less any amount of property of the estate transferred in the manner specified in Section 542(d) of the Bankruptcy Code of 1978, in any accrued dividend or interest under, or loan value of, any unmatured life insurance contract owned by the debtor under which the insured is the debtor or an individual of whom the debtor is a dependent.

(9) Professionally prescribed health aids for the debtor or a dependent of the debtor.

(10) The debtor's right to receive:

(A) a social security benefit, unemployment compensation, or a local public assistance benefit;

(B) a veteran's benefit;

(C) a disability benefit, except as provided in Section 15-41-33, or an illness or unemployment benefit;

(D) alimony, support, or separate maintenance;

(E) a payment under a stock bonus, pension, profit sharing, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, unless

(i) the plan or contract was established by or under the auspices of an insider that employed the debtor at the time the debtor's rights under the plan or contract arose;

(ii) the payment is on account of age or length of service; and

(iii) the plan or contract does not qualify under Sections 401(a), 403(a), 403(b), or 409 of the Internal Revenue Code of 1954 (26 U.S.C. 401(a), 403(a), 403(b), or 409).

(11) The debtor's right to receive or property that is traceable to:

(A) an award under a crime victim's reparation law;

(B) a payment on account of the bodily injury of the debtor or of the wrongful death or bodily injury of another individual of whom the debtor was or is a dependent;

(C) a payment under a life insurance contract that insured the life of an individual of whom the debtor was a dependent on the date of that individual's death, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.

(12) The debtor's right to receive individual retirement accounts as described in Sections 408(a) and 408A of the Internal Revenue Code, individual retirement annuities as described in Section 408(b) of the Internal Revenue Code, and accounts established as part of a trust described in Section 408(c) of the Internal Revenue Code, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor. A claimed exemption may be reduced or eliminated by the amount of a fraudulent conveyance into the individual retirement account or other plan. For purposes of this item, "Internal Revenue Code" has the meaning provided in Section 12-6-40(A).

(13) The debtor's interest in a pension plan qualified under the Employee Retirement Income Security Act of 1974, as amended.
Last Amended: 2012
2012
Amended by 2012 South Carolina Laws Act 153 (S.B. 271).

"AN ACT TO AMEND SECTION 15�41�30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INDIVIDUAL RETIREMENT ACCOUNT BEING EXEMPT FROM ATTACHMENT, LEVY, AND SALE, SO AS TO DELETE THE PROVISION THAT THE EXEMPTION ONLY APPLIES TO THE EXTENT REASONABLY NECESSARY FOR THE SUPPORT OF THE DEBTOR AND ANY DEPENDENT OF THE DEBTOR, AND TO PROVIDE THAT THE INTEREST OF AN INDIVIDUAL IS EXEMPT FROM CREDITOR PROCESS IN CERTAIN CIRCUMSTANCES."

Act 225
H.B. No. 3816

Ratified the 8th day of May, 2008.

Vetoed by the Governor--5/15/08.

Veto overridden by House--5/21/08.

Veto overridden by Senate--5/22/08.


HISTORY: Former � 15-41-30: 1962 Code � 34-3; 1952 Code � 34-3;
1942 Code � 9085; 1932 Code � 9085; Civ. C. '22 � 5490; Civ.
C. '12 � 3711; Civ. C. '02 � 2626; G. S. 1994; R. S. 2126; 1896 (22)
190; 1936 (39) 1594; Const. 1895, Art. 3, � 28; En as 15-41-200, 1981
Act No. 53, � 2, renumbered as � 15-41-30 by 1988 Act No. 415, � 1; 1999
Act No. 60, � 1; 2000 Act No. 333, � 1.

HISTORY: Amended by 2006 Act No. 300, � 2, eff upon approval (became law
without the Governor's signature on May 25, 2006).


2006 Act No. 300, � 1, provides as follows:
"This act may be cited as the "Home Security Act". It is the intent of the
General Assembly, because of the Bankruptcy Abuse Prevention and Consumer
Protection Act of 2005, to offer to the citizens of South Carolina protection
for their homes in the event that financial difficulties, such as military
deployment or extreme medical emergencies, occur for which bankruptcy filing
may be the only available remedy."

EFFECT OF AMENDMENT

The 2006 amendment, in subsection (B) in the first sentence substituted "fifty
thousand" for "five thousand" dollars and "one hundred thousand" for "ten
thousand" dollars, and added the third and fourth sentences relating to
adjustment of the exemptions.

"Beginning on July 1, 2007, and each year thereafter, each dollar amount in subsection (1) of this section, immediately before July first, shall be adjusted to reflect the change in the Southeastern Consumer Price Index, All Urban Consumers, as published by the Department of Labor, Bureau of Labor Statistics, for the most recent year ending immediately before January first preceding July first, and to round to the nearest twenty-five dollars the dollar amount that represents this change. No later than March first of each year, the Economic Research Section of the Office of Research and Statistics of the Budget and Control Board shall publish in the State Register the dollar amounts that will become effective on each July first."
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