How To File Bankruptcy for Free in South Carolina

Collect Your South Carolina Bankruptcy Documents

Before you file your Chapter 7 case, you’ll need to gather a few key documents. These will help you fill out the required bankruptcy forms.

✅ The court or trustee will also ask to see:

• Pay stubs from the past six months to show your current income

• Your two most recent federal tax returns to show your income history

• A bank statement that covers your filing date to show your account balance

🗂️ It also helps to collect other documents while you’re getting organized. These aren’t required, but they can make it easier to fill out your forms:

• Credit card and loan statements to list who you owe and how much

• Letters or notices from debt collectors in case any debts don’t show up elsewhere

• Bank statements from the last 6–12 months to track your monthly expenses

• A recent credit report to make sure no debts get left out

📄 You can get a free copy of your credit report every week from each of the three major credit bureaus at AnnualCreditReport.com. 

If you use Upsolve’s free filing tool, your credit report will be pulled automatically.

Take a Credit Counseling Course

Before you file for Chapter 7 bankruptcy, you’ll need to take a credit counseling course. This class explains your debt relief options, including bankruptcy.

📌 Here’s what to know:

• You must take the course within 180 days before you file.

• It takes about 1–2 hours and can be done online, by phone, or sometimes in person.

• It usually costs $10–$50, but fee waivers are available if you can’t afford it.

• You’ll need to choose a provider that’s approved for bankruptcy counseling in South Carolina.

⚠️ You’ll receive a certificate after finishing the course. Be sure to include it when you file your paperwork. If it’s missing, the court could dismiss your case, which means you won’t have your debts erased.

Complete the Bankruptcy Forms

The bankruptcy forms are where you tell your financial story. You’ll list your income, debts, property, and monthly expenses so the court can review your case and understand your situation.

These forms are federal, which means they’re the same for everyone filing Chapter 7. You can download them for free as fillable PDFs from USCourts.gov.

👩🏽‍💻If you use Upsolve’s free filing tool, we’ll guide you through a simple questionnaire. Then we’ll use your answers to generate your forms for you.

👉 Some bankruptcy courts also require local forms in addition to the federal ones. You’ll find more about local rules and requirements in the South Carolina Districts & Filing Requirements section later.

Get Your Filing Fee

Filing a Chapter 7 bankruptcy case costs $338. But many people qualify for a fee waiver, which means you don’t have to pay anything.

🛠️ If you’re using Upsolve’s free filing tool, we’ll help prepare the fee waiver form for you. You’ll still need to file the form with the court yourself.

📆 If you don’t qualify for a waiver and can’t pay the full amount up front, you can apply to pay in installments. This lets you file your case and start getting protection from creditors right away, thanks to the automatic stay. This legal tool stops most collections, wage garnishments, and lawsuits while your case is in progress.

⚠️ If you choose the installment option, just be sure to follow the court’s payment schedule. If you miss a payment, your case could be dismissed before your debts are wiped out.

Print Your Bankruptcy Forms

Unless you’re submitting your forms online, you’ll need to print everything to file your Chapter 7 case in person or by mail.

Some filers also choose to print a second full copy to keep for their records. This isn’t required, but it can be helpful if you need to double-check something later.

🖨️ Here are a few printing tips to help you prepare:

• Use black ink only.

• Print single-sided pages.

• Use regular 8.5” x 11” white letter-size paper.

• Don’t staple or hole-punch your forms.

🖊️ Make sure to sign every signature page. Since there are quite a few, it’s easy to miss one. A checklist can help you stay on track.

✨ If you’re using Upsolve’s filing tool, you’ll get a ready-to-print packet with everything you need. It includes helpful dividers that clearly show where to sign so nothing gets missed.

File Your Forms With the South Carolina Bankruptcy Court

When you’re ready to file, you submit your bankruptcy forms to the court. This is the step that officially starts your Chapter 7 bankruptcy case.

In South Carolina, you have a few ways to submit your forms:

• 🏛️ In person: Many people prefer to hand-deliver their forms to the court. It’s often the quickest way to get your case started. It also gives you the chance to fix any issues right away if the clerk spots something missing.

• 📬 By mail: You can also mail your forms to the bankruptcy court. Just know it may take longer to get your case filed. If possible, use certified mail or another option that allows you to track your delivery.

💻 Online: South Carolina offers a free tool called Electronic Self-Representation (eSR). It walks you through your bankruptcy forms step by step and lets you submit your completed packet online.

Mail Documents to Your Trustee

After you file your case, the court will assign a bankruptcy trustee to manage it. This is a neutral person (not a judge) who checks your paperwork and leads a short meeting called the 341 meeting.

📌 The 341 meeting is a quick check-in where the trustee asks a few simple questions about your case.

📬 Before this meeting, your trustee needs some documents to help confirm what you listed in your forms. Unless they give you a different deadline, try to send the following information in at least 14 days before your meeting:

• Your most recent federal tax return

• A bank statement that covers the day you filed

• A clear copy of your photo ID

• Proof of your Social Security number (like a copy of your Social Security card, W-2, or a pay stub with your full number)

• Your most recent pay stub or other proof of income

📄 Some trustees also send a letter with extra instructions. Every trustee is a little different, so be sure to read their letter carefully and respond quickly.

Take a Debtor Education Course

After you file, there’s one last course to finish before your debts can be cleared. This class is called the debtor education or financial management course.

It’s a short, practical course that provides tips for budgeting and handling money so you can get the most out of your fresh start.

All filers must complete this court to get the bankruptcy discharge. That’s the court order that erases your qualifying debts.

📚 Here are the basics:

• The course costs $10–$50 and takes about an hour to complete.

• You must take the course from a court-approved provider.

• You have 60 days after your 341 meeting to get it done.

• When you finish, you’ll get a certificate of completion that needs to be filed with the court.

Some providers will send the certificate in for you. If not, you’ll need to submit it yourself. Without this certificate, the court can’t grant your discharge. And you’ve worked too hard to miss this last step.

Attend Your 341 Meeting

About a month after you file, you’ll have a short video meeting with your bankruptcy trustee. This is called a 341 meeting, or meeting of creditors. It’s a standard part of every case and usually lasts less than 10 minutes. Creditors can attend, but they rarely do.

💻 Most 341 meetings happen on Zoom. Your court notice will include the date, time, and login information.

During the meeting, your trustee will confirm your identity and ask a few simple questions to make sure the information in your forms is correct. You might be asked about your income, property, or any recent financial changes. 

📄 Keep these documents nearby for easy reference if needed:

• A government-issued photo ID

• Proof of your Social Security number

• A copy of your bankruptcy forms

• The documents you sent your trustee (like your tax return or pay stub)

• Your official court notice

Many people feel nervous, but this meeting is usually quick and easy. Just be honest and prepared, and you’ll be done in no time.

Deal With Your Car

Many people rely on their car to get to work, take kids to school, or run everyday errands. So it’s completely normal to worry about what will happen to it if you file for bankruptcy. The good news is that most people are able to keep their car. What happens next depends on whether you own the car, have a loan, or lease it.

🚗 If you own your car outright: You can usually keep it as long as its value is covered by South Carolina’s vehicle exemption. This protects up to $7,600 in value. We’ll go over exemptions in more detail later in the South Carolina Exemptions section.

🏦 If you’re still paying on a car loan: Your options depend on whether you’re up to date on your payments and how much equity you have in the car.

The equity in your car is the value of the car minus what you still owe on the loan. If your equity is protected by the exemption, you can:

• Reaffirm the loan: This means you continue making your regular payments, and the lender lets you keep the car. Filers often choose this when they’re current on their payments and want to keep the loan and the car. The lender and judge must agree to the reaffirmation.

• Redeem the car: This means you pay the current value of the car in one lump sum, even if the loan balance is higher. This can save you money if the car is worth less than what you owe and you can afford the lump sum. The lender must agree to the redemption.

You can also surrender the car. This means you return the car and the remaining loan balance is erased in your bankruptcy. Surrendering can be helpful if the loan is unaffordable, the car needs expensive repairs, or you're ready to move on.

📑 If you lease your car: You can choose to keep the lease if your payments are current or return the vehicle and walk away from the lease. Learn more in Upsolve’s Bankruptcy Guide to Leases.