Find Bankruptcy Lawyers Near You in Greenville, SC

The cost of hiring a bankruptcy lawyer in Greenville, South Carolina varies based on case complexity and chapter selection. For a straightforward Chapter 7 case, attorney fees generally fall between $1,200 and $2,500, with the $338 court filing fee paid separately. Chapter 13 cases involve higher attorney fees, typically ranging from $3,000 to $5,000, because the attorney must prepare a repayment plan, attend multiple hearings, and manage the case over several years. Many attorneys offer payment plans that allow you to pay fees in installments before filing, and some may include the court filing fee in their total package.

Additional costs may include credit counseling and debtor education course fees, which typically range from $10 to $50 per course. Some bankruptcy lawyers offer flat-fee arrangements that cover all services from initial consultation through the discharge hearing. For individuals with very low income, South Carolina Legal Services and other pro bono programs may provide free representation. This information is general and does not constitute legal advice; you should consult a qualified bankruptcy lawyer for a personalized cost estimate based on your specific circumstances.

Bankruptcy law in Greenville, South Carolina provides individuals and businesses with a legal pathway to address overwhelming debt and regain financial stability. The two most common forms of personal bankruptcy are Chapter 7 and Chapter 13, while Chapter 11 is typically reserved for businesses or individuals with debt exceeding statutory limits. Chapter 7, often called liquidation bankruptcy, allows debtors to discharge most unsecured debts such as credit card balances, medical bills, and personal loans in exchange for non-exempt assets being sold by a trustee. Chapter 13, known as reorganization bankruptcy, requires debtors to propose a three-to-five-year repayment plan to creditors, making it suitable for those with regular income who wish to keep their property and catch up on missed mortgage or car payments. Chapter 11, while more complex and costly, permits businesses or high-income individuals to restructure their debts while continuing operations. A bankruptcy lawyer in Greenville can evaluate your specific financial situation, including income, assets, and debt composition, to recommend which chapter aligns with your goals.

South Carolina offers unique state-specific exemptions that debtors must carefully consider when filing for bankruptcy. Unlike some states that allow filers to choose between state and federal exemption systems, South Carolina requires residents to use only state exemptions. The South Carolina homestead exemption allows debtors to protect up to $60,950 of equity in their primary residence as of 2024, with this amount adjusting periodically for inflation. For personal vehicles, debtors may exempt up to $5,450 of equity in one motor vehicle. The state also provides a wildcard exemption of up to $5,450 that can be applied to any property of the debtors choosing, including cash, bank accounts, or household goods. Additional exemptions protect retirement accounts such as 401(k)s and IRAs, life insurance policies, and up to $4,250 in jewelry. South Carolina exemption statutes are codified in Title 15, Chapter 41 of the South Carolina Code of Laws, and a knowledgeable bankruptcy lawyer will ensure you maximize these protections to retain essential assets.

The means test is a critical calculation that determines eligibility for Chapter 7 bankruptcy in South Carolina. This test compares your average monthly income over the six months preceding your filing to the median income for a household of your size in the state. As of 2024, the median income for a single-person household in South Carolina is approximately $57,000, while a family of four has a median around $82,000. If your income falls below the median, you automatically qualify for Chapter 7. If your income exceeds the median, you must complete a more detailed calculation subtracting allowed expenses to determine whether you have enough disposable income to repay a portion of your debts. If the calculation shows you can pay at least $7,700 over five years, you may be presumed to have the ability to repay and could be required to file under Chapter 13 instead. A bankruptcy lawyer in Greenville will gather your pay stubs, tax returns, and expense records to perform this means test accurately and advise you on your eligibility.

Filing for bankruptcy triggers an automatic stay, which is one of the most powerful protections available to debtors. The automatic stay immediately stops all collection activities, including phone calls from creditors, wage garnishments, foreclosure proceedings, repossession actions, and lawsuits. This protection takes effect the moment your bankruptcy petition is filed with the U.S. Bankruptcy Court for the District of South Carolina, which serves Greenville and the surrounding Upstate region. The timeline from filing to discharge varies by chapter: Chapter 7 cases typically conclude in three to six months, while Chapter 13 cases last the duration of your repayment plan, usually three to five years. Before filing, you must complete a mandatory credit counseling course from an approved agency, and after filing but before discharge, you must complete a debtor education course. Certificates of completion for both courses must be filed with the court. A bankruptcy lawyer will guide you through these procedural requirements and ensure all paperwork is submitted correctly to avoid delays.

The costs associated with bankruptcy in Greenville include court filing fees and attorney fees. The standard filing fee for Chapter 7 is $338, while Chapter 13 carries a $313 filing fee as of 2024. These fees are set by federal statute and are non-negotiable, though the court may allow installment payments in certain circumstances. Attorney fees for Chapter 7 in the Greenville area typically range from $1,200 to $2,500, depending on the complexity of your case, the number of creditors, and whether you own significant assets. Chapter 13 attorney fees are generally higher, often ranging from $3,000 to $5,000, because these cases require ongoing plan administration and court appearances over several years. Many bankruptcy lawyers offer payment plans, allowing you to pay attorney fees in installments before filing. For those with limited income, pro bono resources are available through organizations such as South Carolina Legal Services, which provides free legal assistance to qualifying low-income residents. The South Carolina Bar Association also offers a lawyer referral service that can connect you with attorneys who offer reduced-fee consultations.

Life after bankruptcy requires intentional effort to rebuild your financial foundation. A Chapter 7 discharge remains on your credit report for ten years from the filing date, while a Chapter 13 discharge stays for seven years. Despite this negative mark, many individuals find they can qualify for new credit within one to two years after discharge, often through secured credit cards or credit-builder loans. Rebuilding credit involves making timely payments on any debts that survived bankruptcy, such as student loans, recent tax debts, and child support obligations. Certain debts are generally non-dischargeable in bankruptcy: most student loans, unless you can prove undue hardship; recent income tax debts (less than three years old); child support and alimony; debts for personal injury caused by drunk driving; and debts obtained through fraud. A bankruptcy lawyer in Greenville will review your specific debts to identify which obligations can be discharged and which will remain. With consistent financial habits, including budgeting, saving, and using credit responsibly, many individuals achieve credit scores in the 600s or 700s within a few years of their bankruptcy discharge.