South Carolina Legislature


 

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H 4478
Session 112 (1997-1998)


H 4478 General Bill, By Fleming and Hawkins
 A BILL TO AMEND SECTION 15-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO EXEMPTIONS OF PROPERTY FROM BANKRUPTCY PROCEEDINGS, SO AS TO
 INCREASE THE EXEMPTION AMOUNTS ON RESIDENCES TO TEN THOUSAND DOLLARS FOR AN
 UNMARRIED DEBTOR AND TWENTY THOUSAND DOLLARS FOR A MARRIEDNext DEBTOR AND ON MOTOR
 VEHICLES TO FIVE THOUSAND DOLLARS.

   01/22/98  House  Introduced and read first time HJ-5
   01/22/98  House  Referred to Committee on Judiciary HJ-5



A BILL

TO AMEND SECTION 15-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS OF PROPERTY FROM BANKRUPTCY PROCEEDINGS, SO AS TO INCREASE THE EXEMPTION AMOUNTS ON RESIDENCES TO TEN THOUSAND DOLLARS FOR AN UNMARRIED DEBTOR AND TWENTY THOUSAND DOLLARS FOR A PreviousMARRIEDNext DEBTOR AND ON MOTOR VEHICLES TO FIVE THOUSAND DOLLARS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 15-41-30(1) and (2) of the 1976 Code, as last amended by Act 451 of 1988, is further amended to read:

"(1) (a) The An unmarried debtor's aggregate interest, not to exceed five ten thousand dollars in value, in real property or personal property that the debtor or a dependent of the debtor uses as a residence, in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence, or in a burial plot for the debtor or a dependent of the debtor, except that the aggregate value of multiple homestead exemptions allowable with respect to a single living unit may not exceed ten twenty thousand dollars. If there are multiple owners of such a living unit exempt as a homestead, the value of the exemption of each individual owner may not exceed his fractional portion of ten twenty thousand dollars.

(b) A Previousmarried debtor's aggregate interest, not to exceed twenty thousand dollars in value, in real property or personal property that the debtor or a dependent of the debtor uses as a residence, in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence, or in a burial plot for the debtor or a dependent of the debtor, except that the aggregate value of multiple homestead exemptions allowable with respect to a single living unit may not exceed forty thousand dollars. If there are multiple owners of such a living unit exempt as a homestead, the value of the exemption of each individual owner may not exceed his fractional portion of forty thousand dollars.

(2) The debtor's interest, not to exceed one thousand two hundred five thousand dollars in value, in one motor vehicle."

SECTION 2. This act takes effect upon approval by the Governor.

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