Bankruptcy in Greenville, SC
In Greenville, rising expenses, stagnant wages, or unexpected life changes can pull even the most responsible people into debt. But you don’t have to keep sinking—bankruptcy may be a legal tool that helps you catch your breath and move forward.
The sooner you take action, the sooner relief can begin. Ask us for a referral to a Greenville bankruptcy attorney who understands the law and your local options. With the right guidance, you can make informed decisions—and start writing a new chapter with confidence.
Types of Bankruptcy in Greenville, South Carolina
Bankruptcy gives individuals and businesses in Greenville a legal opportunity to reset their finances when debt becomes unmanageable. It can discharge qualifying obligations and halt most collection efforts, giving you space to rebuild. To move forward with a bankruptcy case, you’ll need to demonstrate a genuine financial hardship—such as job loss, medical expenses, or reduced income—that prevents you from paying your current debts.
Not every debt qualifies for discharge. Certain obligations—like overdue child support, back taxes, alimony, and most student loans—are typically excluded. If you’re overwhelmed by bills, you may be eligible to file under Chapter 7 for liquidation, Chapter 13 for reorganization, or Chapter 11 if your case involves high-value assets or a business.
Greenville cases fall under the jurisdiction of the U.S. Bankruptcy Court for the District of South Carolina. While there isn’t a courthouse in Greenville itself, proceedings are handled at court locations in Charleston, Columbia, and Spartanburg—each within reach for residents navigating the process.
Chapter 7 Bankruptcy
Chapter 7 bankruptcy is often considered the fastest path to financial relief for individuals who are overwhelmed by unsecured debt. If you’ve experienced a job loss, a medical crisis, or a major shift in income that makes repayment impossible, this option may offer the fresh start you need.
However, before you move forward, it’s important to evaluate your financial situation carefully. Speaking with a Greenville bankruptcy attorney can help you determine whether Chapter 7 aligns with your goals—or whether a different chapter would better preserve your assets.
This form of bankruptcy is generally reserved for people who cannot maintain a consistent income or who have recently suffered a serious setback. While Chapter 7 can eliminate a range of debts—including credit card balances and medical bills—it does come with tradeoffs. Some non-exempt assets, like a second vehicle or investment property, may be sold to pay creditors.
Once you file for Chapter 7, an automatic stay goes into effect immediately. This legal safeguard temporarily stops most collection actions, including foreclosure proceedings, wage garnishments, and creditor phone calls.
Eligibility for Chapter 7 in Greenville is determined by a Means Test, which compares your household income to the South Carolina median for a family of your size. If your income is below this threshold, you may qualify to proceed. However, if your income is higher, the court will take a closer look at your financial situation to determine if Chapter 7 is still appropriate. Creditors may also petition the court for exceptions to the automatic stay.
Before your petition can be filed, you must complete a credit counseling course through an agency approved by the U.S. Department of Justice. This course is typically available online and must be finished within 180 days before your filing date. After completion, you’ll receive a certificate that must be submitted with your bankruptcy paperwork. Without it, the court will reject your case.
Chapter 11 Bankruptcy
Chapter 11 bankruptcy is often the path forward for Greenville business owners or individuals with complex financial portfolios who want to avoid liquidation. Unlike Chapter 7, this option doesn’t involve selling off your assets to satisfy debts. Instead, it gives you the opportunity to propose a reorganization plan—tailored to your cash flow and long-term obligations. The goal is to make your debt more manageable while keeping your business operational or your personal finances intact.
For those filing in the District of South Carolina, a detailed Chapter 11 checklist is available to help you stay compliant throughout the process. Key requirements include:
- Filing a voluntary petition and paying the court fee
- Submitting a Certificate of Credit Counseling and a proposed repayment strategy
- Providing a complete list of creditors with their contact information
- Preparing a breakdown of all assets and liabilities
- Including a current income and expense statement for court review
Chapter 13 Bankruptcy
Chapter 13 bankruptcy gives Greenville residents a structured way to catch up on debt without losing the things that matter most. Known as a wage earner’s plan, this option is designed for people with regular income who are falling behind but want to repay their debts over time. Instead of liquidating assets, you’ll propose a three-to-five-year repayment plan based on what you can reasonably afford. If you complete the plan, certain remaining debts may be eligible for discharge.
To get started with Chapter 13 in Greenville, you’ll need to meet several court filing requirements, including:
- Submitting a formal petition and paying the $310 court fee
- Providing a certificate showing completion of a pre-filing credit counseling course
- Preparing a list of all creditors and their contact information
- Detailing your income, monthly expenses, debts, and assets
- Filing a proposed repayment plan outlining how your debts will be handled
The Bankruptcy Process in Greenville, South Carolina
Filing for bankruptcy is never a decision to rush—but if your debts are growing and repayment within five years seems out of reach, it may be time to look at your legal options. Bankruptcy offers a reset, giving you room to breathe and a chance to regain control of your finances under court protection.
If you’re filing in Greenville, the process starts with organization. You’ll need to pull together all your financial documents—monthly bills, income statements, debts, and a list of what you own. This information gives the court a clear view of your financial condition, and leaving anything out can delay or even derail your case.
South Carolina follows its own set of bankruptcy exemptions, meaning you cannot use the federal exemption system. Some of the protections available under South Carolina law include:
- Up to $60,975 in home equity (doubled to $121,950 if you file jointly with a spouse)
- Up to $6,100 in vehicle equity
- Up to $4,725 in household goods, clothing, and furniture
- Full exemption for most tax-qualified retirement accounts and pensions
- A wildcard exemption of up to $5,900, which can be applied to any personal property
Work With an Experienced Greenville, South Carolina Lawyer
Navigating bankruptcy on your own can feel overwhelming—and one wrong move could cost you more than you think. Working with a knowledgeable bankruptcy attorney in Greenville ensures you’re not going into the process blind.
While bankruptcy can be a lifeline, it’s not your only option. Depending on your circumstances, alternatives like debt settlement or consolidation might offer a better long-term solution. If you’re unsure where to turn, start by speaking with a Greenville bankruptcy lawyer.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
