West Virginia Bankruptcy Laws

Federal filing fee for Chapter 7 bankruptcy. Fee waivers available for qualifying low-income filers.

Federal filing fee for Chapter 13 bankruptcy.

You must complete credit counseling from an approved agency within 180 days before filing and a debtor education course before discharge.

West Virginia is an opt-out state. Filers must use West Virginia state exemptions and cannot elect to use the federal exemption scheme.

Protects up to $35,000 of equity in real or personal property used as a residence. Married couples filing jointly may exempt up to $70,000. Physicians with malpractice insurance may exempt up to $250,000 if the bankruptcy stems from a medical liability judgment.

Protects up to $7,500 of equity in one motor vehicle, such as a car, truck, van, SUV, or motorcycle.

Protects household furnishings, clothing, appliances, books, animals, crops, and musical instruments up to $800 per item and $16,000 total. Jewelry for personal use is exempt up to $2,000.

Allows a debtor to exempt up to $800 in any property, plus any unused portion of the homestead exemption. This allows flexibility to protect additional assets.

IRAs, 401(k)s, pensions, and other qualified retirement accounts are exempt from creditors in West Virginia bankruptcy proceedings.