South Carolina Bankruptcy Records Online

Are Bankruptcy Records Public Information in South Carolina?

Following the freedom of information act, citizens can obtain information generated by any department of the state. Hence, bankruptcy records in South Carolina are public files. Nonetheless, South Carolina restricts public access to sealed bankruptcy records. Members of the public can review bankruptcy documents online via PACER or at the clerk’s office during business hours.

Record seekers looking for an alternative to government sources may obtain bankruptcy records from third-party websites. These non-governmental websites often come with tools that help simplify the search for single or multiple records. However, record availability on third-party sites tends to vary because they’re independent of government sources. To obtain bankruptcy case information using third-party sites, record seekers may need to provide:

A complete name of the debtor involved in the record
A bankruptcy case number

What are South Carolina Bankruptcy Records?

Bankruptcy records in South Carolina are documents relating to bankruptcy case filings. The United States Bankruptcy Court for the District of South Carolina sits and decides on the petitions of individuals, businesses, and corporations looking to get financial relief from debts. This bankruptcy court preserves information about the bankruptcy filing, the chapter filed for, and the case disposition. However, South Carolina has employed several methods for managing, reviewing, and obtaining bankruptcy records. The CM/ECF (Case Management and Electronic Case Files), VCIS (Voice Case Information System), PACER (Public Access to Court Electronic Records), and the Archived Retrieval tool are available to the general public. Bankruptcy records and case information for the state of South Carolina are obtainable on third-party websites. Requestors can share their PACER details with third-party service providers to access sealed bankruptcy files.

What Do South Carolina Bankruptcy Records Contain?

South Carolina bankruptcy records comprise information and other documents regarding a bankruptcy case. Requesters will find details such as:

Taxable income of the person or the company involved in the case;
Assets such as stocks, properties, businesses owned and invested in, and bank accounts of the bankrupt;
A list containing creditors, their addresses, and the amount owed;
The creditors are grouped into two: the secured and unsecured creditors. A secured creditor gives out credits by holding the borrower’s property, while an unsecured creditor does not benefit from the debtor’s asset;
An elaborated list of employees in the company alongside their final paycheck;
Case status and disposition.

Bankruptcy in South Carolina?

Bankruptcy in South Carolina refers to a legal proceeding that enables debts to be restructured or eliminated to get relief from all debts. For instance, debtors filing a bankruptcy in South Carolina can discharge most of their debts via the liquidation of assets or the creation of a repayment plan from future earnings. Under the Bankruptcy Code, all individuals or entities can file for bankruptcy. Also, all bankruptcy cases are under the jurisdiction of the federal court. Therefore, debtors must file for bankruptcy at the bankruptcy court where their business or residence is situated. As of 2021, South Carolina has only one district bankruptcy court.

The Bankruptcy Code enables debtors to file for different types of bankruptcy, depending on the debt requirement, income level, and type of the desired result. For instance, filing a chapter 7 bankruptcy leads to the liquidation of assets. In contrast, filing a chapter 11 or 13 bankruptcy allows debtors to restructure debts and take the best repayment plan.

How Do You Qualify for Bankruptcy in South Carolina?

Per the Bankruptcy Code, persons or entities must have resided or lived for at least three to six months in South Carolina before filing for bankruptcy. All persons or entities can file for bankruptcy in South Carolina if they meet the basic requirements for a particular type of bankruptcy. For example, only fishers and farmers are eligible to file for a chapter 12 bankruptcy. In addition to this, farmers or fishers with debts less than $1,500,000 can file the Chapter 12 bankruptcy petition. Debtors who file for chapter 7 bankruptcy must earn less than the state’s median income for that household. In contrast, persons or entities earning above the state’s median income level may file for a Chapter 11 or 13 bankruptcy.

What Type of Bankruptcy Should You File in South Carolina?

Individuals or entities must take a credit counseling course to determine the right type of bankruptcy to select. Individuals may seek to discharge all unsecured debts by filing for Chapter 7 bankruptcy. However, debtors may file for a chapter 13 bankruptcy in South Carolina to protect all properties, including non-exempt properties. In addition to this, debtors must complete a means test before filing for a chapter 7 or 13 bankruptcy. The means test takes into account the debtor’s income, family size, and expenses.

How to Get South Carolina Bankruptcy Records

Bankruptcy records in South Carolina are accessible in several ways. Interested parties can register on CM/ECF (Case Management/Electronic Case Files). CM/ECF is a case management and electronic case filing system that provides 24 hours access to court files. VCIS is another method to access bankruptcy files in South Carolina. The Voice Case Information System (VCIS) is an automated voice response system that gives requestors access to bankruptcy information via telephone. The (866) 222-8029 phone number applies to South Carolina residents and other citizens across the nation for free as much as the bankruptcy cases requested are after November 30, 1988. Some bankruptcy information is provided over the phone by entering search criteria using the telephone keys.

Parties can obtain bankruptcy records through PACER (Public Access to Court Electronic Records). Electronic public access to records attracts some fees called the Electronic Public Access Fee. However, some members of the public are exempted by the court from paying the user access fee. These entities include pro bono attorneys, indigents, bankruptcy case trustees, non-profit organizations, and individual researchers from educational institutions.

On PACER, the Case Filing Stats provides a listing of new cases filed by Division and County for current and previous years. The Archived Retrieval allows access to information on archived cases at the National Archives and Administration.

Where to Conduct a Free Bankruptcy Case Search in South Carolina

A record seeker can conduct a free bankruptcy case search via the following options:

National Archives and Administration: A requester can perform a bankruptcy case search by email, postal mail, or phone for free at the National Archives and Administration office. Requests can be made at:
National Archives at Kansas City
400 W. Pershing Road
Kansas City, MO 64108
Phone: (816) 268-8000
Email: kansascity.archives@nara.gov
Public Access to Court Electronic Records (PACER): An individual can conduct a free bankruptcy case search by using the “Search for a Case” tool available on the PACER website when:
- They want to view bankruptcy case information at any federal court.
- They are a party to a case and receive a Notice of Electronic (NEF) or Notice of Docket Activity (NDA) from a Federal court. Then they can have a free look at bankruptcy records via the PACER tool when they click the document number link within 15 days of receipt of the NEF or NDA.
- They want to obtain copies of court opinions.
- They are eligible for fee exemptions.
Voice Case Information System (VCIS): A record seeker can conduct a free bankruptcy case search by calling (866) 222-8029 and following the prompts.
United States Bankruptcy Court District of South Carolina: Individuals can visit the Court Clerk’s office during business hours to review bankruptcy case files at no charge. The District of South Carolina Court system is located at:

Charleston
King and Queen Building
145 King Street, Room 225
Charleston, SC 29401

Columbia
J. Bratton Davis U.S. Bankruptcy Courthouse
1100 Laurel Street
Columbia, SC 29201-2423

Greenville
C.F. Haynsworth Federal Building & U.S. Courthouse
300 East Washington Street
Greenville, SC 29601

How Do I Find Out if My Bankruptcy Case is Closed in South Carolina?

In South Carolina, a bankruptcy case does not end after a discharge. For creditors, the court, and the assigned trustees to the bankruptcy case, it is still valid and running. After receiving a discharge, the case remains open until the court registers a final decree or an order to close the case. Usually, the closure takes place four months from the filing date. However, the process can take longer if there are non-exempt assets for the bankruptcy trustee to sell. A bankruptcy case can also be reopened if some debts were exempt or in the event of failure to liquidate an asset before discharge. Once a bankruptcy case is closed, the bankruptcy court will send the closing orders to the petitioner or the hired legal representative by mail. Alternatively, to know the status of a bankruptcy case, interested individuals can use VCIS or the Public Access to Court Electronic Records (PACER) to review the case. Requestors must provide at least the case number using these platforms.

Can a Bankruptcy Be Expunged in South Carolina?

There are no regulations in South Carolina that support the total redaction of bankruptcy. Nevertheless, a bankruptcy stays on an individual’s credit rating for a minimum of seven years and a maximum of ten years, depending on the credit reporting agency. After that, the bankruptcy files will only be available at the court since the court recorded the filing for bankruptcy like every other judicial process.

What are the Downside of Filing a Bankruptcy in South Carolina

Persons and entities filing a bankruptcy in South Carolina may face the following downsides:

Debtors may lose all credit cards when filing for bankruptcy. During bankruptcy, most credit card companies cancel all credit cards in the debtor’s possession. However, debtors can re-apply for credit cards after a bankruptcy case;
Debtors may lose rights to state or federal tax refunds when filing for bankruptcy;
During bankruptcy, debtors may lose properties or assets not protected under the state or federal bankruptcy exemptions. In other words, the court will seize all non-exempt properties to repay creditors;
Debtors may find it difficult to obtain new loans or mortgages after filing for bankruptcy;
Filing for bankruptcy may reduce the chances of getting a new job or new residence. Since bankruptcy records are public records, employers or landlords can access a debtor’s information.

Alternatively, individuals or entities filing for bankruptcy can obtain the following benefits:

Filing for bankruptcy protects a debtor’s assets from repossession efforts by creditors;
Debtors are able to discharge debts, such as medical bills, credit card debts, personal loans, and utility bills;
Filing for a Chapter 13 bankruptcy enables businesses and individuals to continue operations while repaying clients from future earnings

What is Chapter 11 Bankruptcy in South Carolina?

Chapter 11, also referred to as reorganization bankruptcy, refers to a legal proceeding where debtors restructure debts to repay creditors on their own terms. Debtors in a chapter 11 bankruptcy remain in control of their assets and may liquidate or restructure debts to repay creditors within three to five years. Note that creditors must approve the debtor’s repayment plan, and the court must confirm the repayment plan before it is implemented. The debtor’s repayment plan must meet the Bankruptcy Code’s basic requirements. To get the court’s approval, debtors must tender their expected future earnings and monthly expenses when filing for Chapter 11 bankruptcy.

Who Can File a Chapter 11 Bankruptcy in South Carolina

Persons or entities filing for bankruptcy in South Carolina must have less than $394,725 unsecured debts and $1,180,200 secured debts.

How to File a Chapter 11 Bankruptcy in South Carolina

Filing for a chapter 11 bankruptcy petition in South Carolina starts with a voluntary or involuntary petition. Under the Bankruptcy Code, three or more creditors may force debtors to file for bankruptcy if they are unable to meet up with their debt obligation. Note that debtors must complete a credit counseling course at least six months before filing a bankruptcy petition, according to the U.S.C. Section 109.

Debtors must file a bankruptcy petition with the bankruptcy court serving the debtor’s residence or business location. To file for a chapter 11 bankruptcy, debtors must submit the following documents to the clerk of the bankruptcy court:

A statement of financial affairs (individual debtors);
A schedule of unexpired leases and executory contracts (for individual debtors);
A statement of financial affairs (non-individual debtors);
A voluntary petition in a Form B 101 Format;
Schedule A/B, D, E/F, G, and H Forms of liabilities and assets (for non-individual debtors);
Schedule A - J Forms of liabilities and assets (for individual debtors);
A schedule of unexpired leases and executory contracts (for business and company debtors).

In addition to the above-listed documents, debtors must present a statement of monthly income and expected increase in earnings or expenses after filing for bankruptcy. The bankruptcy requires debtors to present a copy of a proposed repayment plan alongside a credit counseling certificate. Per the 11 U.S.C. §§ 109(g), 362(d)-(e). Debtors must not file a chapter 11 bankruptcy petition if the bankruptcy court dismissed a previous petition in the past six months.

Individuals or entities filing a Chapter 11 bankruptcy must pay a $1,167 case filing fee and a $571 miscellaneous administrative fee to the clerk of the bankruptcy court. With the court’s permission, individuals or entities can pay the filing fee in installments by filling out Form 103A. 28 U.S.C. § 1930(a); Fed. R. Bankr. P. 1006(b), debtors must pay the filing fee in no more than four installments.

What are the Benefits of Filing a Chapter 11 Bankruptcy in South Carolina?

In South Carolina, debtors filing for bankruptcy remain in control of their assets. Therefore, they may choose a repayment plan best suited to their needs. In addition, debtors can get lower interest rates on previously high-interest debts.

How Long Does a Chapter 11 Bankruptcy Last on Record?

In South Carolina, Chapter 11 Bankruptcy petitions last on credit reports for ten years after the filing date. In addition to this, bankruptcy records are accessible to public members.

What is Chapter 7 Bankruptcy in South Carolina?

In South Carolina, a chapter 7 bankruptcy leads to the liquidation of a debtor’s assets to pay off creditors. The bankruptcy court appoints a trustee who is responsible for selling all non-exempt assets to pay off the debtor’s debts. In other words, the trustee distributes the net proceeds of the liquidated assets to creditors after charging a commission. Note that a chapter 7 bankruptcy does not discharge debts like alimony, child support payments, and student loans. Debtors filing a chapter 7 bankruptcy in South Carolina to keep certain properties and assets covered by the state or federal exemption laws. The South Carolina bankruptcy court enables debtors to keep exempt properties, such as homes, insurance benefits, pension, and personal properties like jewelry, furniture, and cars.

Who Can File a Chapter 7 Bankruptcy in South Carolina

Only individuals or sole proprietors can file for chapter 7 bankruptcy in South Carolina. Under the Bankruptcy Code, debtors filing for Chapter 7 bankruptcy must take the means test. The mean test takes into consideration the debtor’s income, expenses, and household size to determine eligibility for a chapter bankruptcy petition. Furthermore, persons with an income level less than the state’s median for that particular household are eligible to file a chapter 7 bankruptcy.

Household Size Annual Income

1 $49,999.00
2 $64,874.00
3 $71,757.00
4 $86,278.00
5 $95,278.00
6 $104,278.00
7 $113,278.00
8 $122,278.00
9 $131,278.00
10 $140,278.00

How to File a Chapter 7 Bankruptcy in South Carolina?

Like all bankruptcy processes in South Carolina, filing a chapter 7 bankruptcy starts with a credit counseling course at an approved center. In addition to this, persons must take the means test before filing a chapter 7 bankruptcy. To start a chapter 7 bankruptcy case, debtors must fill out and submit the following documents to the clerk of the bankruptcy court:

A complete list of the creditor’s names and addresses:

A Form B121:

Official Form 108 (Statement of Intention for Individuals Filing Under Chapter 7):

Official Form 122A-1 (Statement of Your Current Monthly Income):

A voluntary petition:

Official Form 122A-2I (Chapter 7 Means Test Calculation):

Depending on the circumstance of the chapter 7 bankruptcy, debtors may also submit a Statement of Exemption from Presumption of Abuse Under § 707(b)(2)

Debtors may submit the complete forms via mail or in-person at the address below:

Bankruptcy Clerk
P.O. Box 1448
Columbia, SC 29202
Phone: (803) 765-5436

To submit the documents in person, debtors must present a photo ID before entering the building.

What are the Benefits of Filing a Chapter 7 Bankruptcy in South Carolina

In South Carolina, filing a chapter 7 bankruptcy petition offers debtors the following benefits:

Debtors get a fresh financial start after filing a chapter bankruptcy - this type of bankruptcy discharges a majority of unsecured debts. Also, it enables debtors to keep all earnings and revenues after the case is finalized. Chapter 7 bankruptcy also enables debtors to keep their homes and other important assets covered by bankruptcy exemption laws.

What is Chapter 13 Bankruptcy in South Carolina

A Chapter 13 bankruptcy in South Carolina is a proceeding that enables persons or businesses to reorganize their debts and pay off creditors over a court-approved timeframe. Under a chapter 13 bankruptcy, debtors can keep all properties, stop foreclosure on their homes, and discharge more debts. Bankruptcy courts must approve the debtor’s repayment plans, and it must not exceed a three to year period. In addition to this, the court requires debtors to file all their sources of income, expenses, and tax returns.

Who Can File a Chapter 13 Bankruptcy in South Carolina

Individuals, corporations, partnerships, and sole proprietors filing for a chapter 13 bankruptcy in South Carolina must not have debts of more than $394,725 and unsecured debts less than $1,184,200. Additionally, individuals filing a chapter 13 bankruptcy must have disposable income higher than the state’s median household income.

How to File a Chapter 13 Bankruptcy in South Carolina?

Bankruptcy laws require debtors to take a credit counseling course at least six months before filing a chapter 13 bankruptcy in South Carolina. Note that Clerks of bankruptcy courts will only accept credit counseling certificates from approved centers. Besides obtaining a credit counseling course, debtors must also take an instructional class in debt management after filing for Chapter 13 bankruptcy.

Persons or entities filing for chapter 13 bankruptcy in South Carolina must have the following documents:
A credit counseling certificate from an accredited center;
Voluntary petition;
Statement on social security numbers (Official Form 121);
(Official Form 122C-1) Chapter 13 Bankruptcy Statement of Current Income and Proposed Repayment Duration;
Chapter 13 Special Notice to Secured Creditors;
Individual debtors using the services of an attorney must include these forms;
(Official Form 2030) Attorney’s Disclosure of Compensation;
(Official Form 2800) Disclosure of Compensation of Bankruptcy Preparer

In addition to this, debtors must provide copies of all payments received two months before filing for bankruptcy. Bankruptcy courts in South Carolina maintain an online database where debtors can download the above-listed and other necessary forms.

What are the Benefits of Filing a Chapter 13 Bankruptcy in South Carolina

Debtors filing a chapter 13 bankruptcy get to keep all their properties, including non-exempt and exempt. Furthermore, creditors are unable to harass or repossess the debtor’s properties during and after the bankruptcy case. Other benefits of filing a chapter 13 bankruptcy in South Carolina are:

Co-signers to a debtor’s loan are exempt from repaying part of the loan;
Debtors can protect their homes from foreclosure as long as they can meet up with the repayment plan;
Furthermore, debtors have more time to discharge debts during the repayment period.

How Long Does a Chapter 13 Bankruptcy Last on Record?

A chapter 13 bankruptcy petition lasts on public records and credit score reports for seven years after the filing date.

What is the Difference Between Chapter 7 and Chapter 13 Bankruptcy

The difference between chapter 7 and 13 bankruptcy lies in the following aspects:

A chapter 7 bankruptcy results in the liquidation of the debtor’s assets to settle all unsecured debts. In contrast, persons filing a chapter 13 bankruptcy do not need to liquidate their assets or properties.
The court appoints a bankruptcy trustee to sell off the debtor’s assets during a chapter 7 bankruptcy case, while the debtor remains in control of their assets during a chapter 13 bankruptcy petition.
Individuals must earn less than the state’s median income to be eligible for a chapter 7 bankruptcy. On the other hand, only persons with disposable income above the state’s median income level before filing a chapter 13 bankruptcy petition;
In a Chapter 7 bankruptcy case, co-signers to the debtor's loan are liable to repay part of the debt whereas a chapter 13 bankruptcy exempts co-signers from any liability;
Debtors in a Chapter 7 bankruptcy are able to regain full control of their finances after the bankruptcy case. Conversely, debtors filing a chapter 13 bankruptcy can not fully maximize their earnings after the bankruptcy case - the court requires debtors to repay debts from their monthly earnings.

What is Bankruptcy Protection in South Carolina?

A bankruptcy or automatic stay prevents a debtor’s properties or assets from all collection efforts by creditors during a bankruptcy case. In addition, it stops all judgments, appeals filed against a debtor’s properties or assets. The court issues bankruptcy protection to protect a debtor’s assets until a bankruptcy case is over. After a Chapter 7 bankruptcy petition, the bankruptcy court appoints a trustee to oversee the liquidation and distribution of proceeds to creditors. However, in the case of chapter 11 or 13 bankruptcy, the court enables the debtors to assume control of all assets without interference from creditors.

What are the South Carolina Bankruptcy Exemptions?

South Carolina bankruptcy exemptions protect certain assets or properties from liquidation during a bankruptcy petition. When filing for bankruptcy in South Carolina, individuals and entities may opt for a state or federal bankruptcy exemption. Note that South Carolina does not recognize federal bankruptcy exemptions. Debtors filing for bankruptcy are eligible for the following state bankruptcy exemptions:

Debtors may use the state bankruptcy exemption to cover local public assistance benefits S.C. Code Ann. § 15-41-30 (11)(A);
The state bankruptcy exemption covers benefits, such as health benefits, social security benefits, illness and disability benefits, and veteran benefits. S.C. Code Ann. § 15-41-30 (A)(11)(c), S.C. Code Ann. § 15-41-30 (A)(11)(b), and S.C. Code Ann. § 15-41-30 (A)(11)(a);
State bankruptcy exemptions also protect alimony or spousal support, unemployment compensations, and insurance benefits.

What are the Other Type of Bankruptcy in South Carolina

Chapter 12 bankruptcy is another type of bankruptcy in South Carolina. Unlike other types of bankruptcy cases, a chapter 12 bankruptcy is designed for family fishers and farmers. Debtors filing for Chapter 12 bankruptcy must have a debt ceiling of not more than $1,500,000. Furthermore, half of the debtor’s income must come from the farm, and 80 percent of the debt must be farm-related.

How Much Does It Cost to File Bankruptcy in South Carolina?

The cost to file bankruptcy in South Carolina varies depending on the case type, size, and complexity. For instance, Chapter 7 Bankruptcy costs $ 338, while Chapter 11 bankruptcy costs $ 1,738. Therefore, a petitioner who wants to cut costs can consider the following options:

Installment payments: The District of South Carolina Court may allow petitioners to pay for the initial bankruptcy filing fees in installments. For instance, a Chapter 7 petitioner must pay a minimum of $95 at filing, $80 for the first month, another $80 for the second month, and $83 for the third month. A petitioner must submit an Application for Individuals to Pay the Filing Fee in Installments (Form 103A) form to the Court to initiate this process.
Chapter 7 fee waiver: Individuals whose income falls below a certain threshold and who cannot pay the fee can apply for a Chapter 7 fee waiver. Requests can be made by submitting an Application to Have the Chapter 7 Filing Fee Waived (Form 103B) to the Court.