How To File Bankruptcy for Free in South Carolina (2025 Guide)
Filing Chapter 7 bankruptcy in South Carolina can give you a fresh start by wiping out credit cards, medical bills, and other unsecured debts. You can file without a lawyer by following the step-by-step process, from gathering documents to attending your 341 meeting. Most people qualify for a fee waiver or can pay the $338 filing fee in installments.
Get Free ConsultationMany people in South Carolina file for Chapter 7 bankruptcy to get a fresh start. You can wipe out debts like credit cards, medical bills, and payday loans. Filing stops collection calls, wage garnishment, and lawsuits.
You don’t need a lawyer to file bankruptcy. This guide walks you through each step, from gathering documents to attending your 341 meeting.
Confused About Chapter 7 Eligibility in South Carolina?
The means test and exemption rules can be tricky. Speak with a South Carolina bankruptcy attorney for free to see if you qualify for Chapter 7 and what property you can protect.
Check Chapter 7 EligibilityHow To File Bankruptcy in South Carolina for Free
Filing Chapter 7 bankruptcy gives you a clean slate. The process takes about three to six months. You’ll need to follow specific steps to complete your case successfully.
Collect Your South Carolina Bankruptcy Documents
Gather these required documents before you start your forms:
- Pay stubs from the past six months
- Your two most recent federal tax returns
- A bank statement that covers your filing date
These optional documents make the process easier:
- Credit card and loan statements
- Letters or notices from debt collectors
- Bank statements from the last 6-12 months
- A recent credit report
You can get a free credit report every week at AnnualCreditReport.com.
Take a Credit Counseling Course
You must complete a credit counseling course before filing bankruptcy. The class explains your debt relief options, including bankruptcy.
Key details about the course:
- Take it within 180 days before you file
- Takes about 1-2 hours online, by phone, or in person
- Costs $10-$50 (fee waivers available)
- Choose a court-approved provider
You’ll receive a certificate after finishing. Include it when you file your paperwork. Without this certificate, the court will dismiss your case.
Complete the Bankruptcy Forms
Bankruptcy forms tell your financial story. You’ll list your income, debts, property, and monthly expenses. The court reviews this information to understand your situation.
Download free fillable PDFs from USCourts.gov. Some bankruptcy courts require local forms in addition to federal ones.
If you need help, speak with a bankruptcy attorney for free to discuss your options.
Get Your Filing Fee
Filing a Chapter 7 case costs $338. Many people qualify for a fee waiver, which eliminates the cost entirely.
You can also apply to pay in installments if you don’t qualify for a waiver. This lets you file your case immediately. The automatic stay stops most collections, wage garnishments, and lawsuits while your case progresses.
Follow the court’s payment schedule carefully. Missing a payment could result in dismissal before your debts are wiped out.
Print Your Bankruptcy Forms
Unless you’re submitting online, print everything to file your Chapter 7 case. Consider printing a second full copy for your records.
Printing requirements:
- Use black ink only
- Print single-sided pages
- Use regular 8.5″ x 11″ white paper
- Don’t staple or hole-punch your forms
Sign every signature page. Use a checklist to stay on track.
File Your Forms With the South Carolina Bankruptcy Court
Submit your bankruptcy forms to officially start your Chapter 7 case. In South Carolina, you have three filing options:
In person: Hand-deliver your forms to the court. You can fix any issues immediately if the clerk spots something missing.
By mail: Mail your forms to the bankruptcy court. Use certified mail to track your delivery.
Online: South Carolina offers Electronic Self-Representation (eSR). The free tool guides you through your forms step by step.
Mail Documents to Your Trustee
After filing, the court assigns a bankruptcy trustee to manage your case. The trustee reviews your paperwork and leads your 341 meeting.
Send these documents at least 14 days before your meeting:
- Your most recent federal tax return
- A bank statement that covers your filing date
- A clear copy of your photo ID
- Proof of your Social Security number
- Your most recent pay stub or income proof
Some trustees send letters with extra instructions. Read their letter carefully and respond quickly.
Take a Debtor Education Course
Complete the debtor education course after filing. This class provides tips for budgeting and managing money. All filers must finish this course to get their bankruptcy discharge.
Course basics:
- Costs $10-$50 and takes about an hour
- Choose a court-approved provider
- Complete within 60 days after your 341 meeting
- File your certificate of completion with the court
Without this certificate, the court can’t grant your discharge.
Attend Your 341 Meeting
About a month after filing, you’ll have a short video meeting with your trustee. Called a 341 meeting or meeting of creditors, it usually lasts less than 10 minutes.
Most 341 meetings happen on Zoom. Your court notice includes the date, time, and login information.
Your trustee will confirm your identity and ask simple questions. Keep these documents nearby:
- A government-issued photo ID
- Proof of your Social Security number
- A copy of your bankruptcy forms
- Documents you sent your trustee
- Your official court notice
Be honest and prepared. The meeting is usually quick and easy.
Deal With Your Car
Most people keep their car in bankruptcy. What happens depends on whether you own the car, have a loan, or lease it.
If you own your car outright: You can usually keep it if its value is covered by South Carolina’s vehicle exemption ($7,600).
If you’re still paying on a car loan: Your options depend on your payment status and equity. You can reaffirm the loan, redeem the car by paying its current value, or surrender the vehicle.
If you lease your car: Keep the lease if payments are current or return the vehicle and walk away.
South Carolina Bankruptcy Means Test
The means test helps the court decide who qualifies for Chapter 7 bankruptcy. It compares your household income to South Carolina’s median income.
If your income is lower than the median, you pass the means test. If your income is above the median, a second calculation looks at your monthly disposable income.
The second part can be complicated. Talk to a lawyer if you don’t qualify at Step 1. They can help you understand your options.
Data on Median Income Levels for South Carolina
Contact the court or check their website for current median income standards for cases filed in 2025.
Data on Poverty Levels for South Carolina
You’re eligible for a fee waiver when your income is under 150% of the poverty level. Current poverty guidelines are available from the bankruptcy court.
South Carolina Districts & Filing Requirements
South Carolina has one federal bankruptcy district. All bankruptcy petitions must be filed through the Columbia office. You can file in person, by mail, or online.
Filing address:
United States Bankruptcy Court
J. Bratton Davis U.S. Bankruptcy Courthouse
1100 Laurel Street
Columbia, SC 29201-2423
You can file online using the court’s Electronic Self-Representation (eSR) tool. The free program guides you step by step through your Chapter 7 forms.
How eSR works:
- You have up to 45 days to complete your forms online
- The court provides a helpful pre-filing checklist and flow chart
- After submitting, you’ll get a confirmation email
Within seven days of submitting your forms, send these follow-up documents:
- eSR Declaration Form (signed by hand)
- Statement About Your Social Security Numbers
- Copy of a government-issued photo ID (PDF format)
Filing Fee Information
In South Carolina, you can pay the $338 filing fee:
- Online with Pay.gov (debit card, PayPal, or bank account)
- By mail or in person (money order or cashier’s check)
- By submitting an Application to Pay in Installments or Application to Waive the Filing Fee
South Carolina Bankruptcy Exemptions
Bankruptcy exemptions protect the property you need to live and work. These laws help ensure you can get a fresh start without starting from scratch.
If you’ve lived in South Carolina for at least two years, you must use the state’s exemptions.
Key South Carolina exemption amounts:
- Homestead: Protects up to $76,125 in home equity (spouses filing jointly can double it)
- Vehicle: Protects up to $7,600 in equity in one motor vehicle
- Wildcard: Protects up to $7,600 in any property you choose
South Carolina also has exemptions for household goods, tools of the trade, retirement accounts, and more.
South Carolina Bankruptcy Lawyer Cost
If you have a complicated case or own property that might not be protected, consider hiring a bankruptcy lawyer. An attorney provides peace of mind and ensures everything is done correctly.
For a free consultation about your specific situation, you can speak with a bankruptcy attorney for free.
South Carolina Legal Aid Organizations
If you can’t afford a lawyer, legal aid organizations may help. These groups provide free or low-cost legal services to people with limited income.
Contact local legal aid offices in South Carolina for assistance with your bankruptcy case.
South Carolina Court Locations
The U.S. Bankruptcy Court for the District of South Carolina is located in Columbia. Check the court’s website for the most current contact information and office hours.
South Carolina Judges
Contact the bankruptcy court for information about current judges and their case assignments.
South Carolina Trustees
The court will assign a trustee to your case after you file. Your trustee’s contact information will appear on your official court notice.