West Virginia Bankruptcy Exemptions

Federal bankruptcy exemptions are not available in the State of West Virginia. Once bankruptcy is filed all property, and certain other property received in the future, becomes the property of the bankruptcy estate. The bankruptcy trustee will take control of all property for purposes of satisfying the creditors. There is some property, which is either excluded or exempt, which the debtor will be able to keep. Asset or property exemptions are determined depending on your personal income and specific situation.

Contact an experienced and qualified West Virginia bankruptcy attorney today. They can help guide you through the bankruptcy process. They are able to complete a detailed analysis of your unique and personal situation and help you to determine which property you are entitled to keep. You need an attorney with a proven record of accomplishment and knowledge of the new bankruptcy laws. This can make a huge difference in the outcome of your case.

The list below of West Virginia state bankruptcy exemptions is for general reference only. The state exemption laws are too complex to list here and it is advisable to contact an attorney today. They are able to research and advise you of the exemptions that you can use in your individual case.


Homestead: Real or personal property used as residence to $25,000; unused portion of homestead may be applied to any property

Pensions: Tax-exempt retirement accounts, including 401(k)s, 403(b)s, profit-sharing and money purchase plans, SEP and SIMPLE IRAs and defined-benefit plans. Traditional and Roth IRAs to $1,095,000 per person, ERISA qualified benefit, IRAs and Roth IRAs needed for support, Teachers and public employees

Personal Property: Clothing, appliances, books, animals, crops, household goods, Furnishings and musical instruments up to $400 per item, $8,000 total, Jewelry up to $1,000, Burial plot to $25,000 in lieu of homestead, Health aids, Motor vehicle up to $2,400, Lost earnings, payments needed for support, Personal injury recoveries up to $15,000, Wrongful death recoveries for person you depended on, needed for support, Prepaid higher education tuition trust fund and savings plan payments

Miscellaneous: Alimony needed for support, Child support needed for support

Insurance: Fraternal benefit society benefits, Health or disability benefits, Group life insurance policy or proceeds, Un-matured life insurance contract, except credit insurance policy, life insurance payments from policy for person you depended on, needed for support Un-matured life insurance contract’s accrued dividends, interest or loan value to $8,000, if debtor owns contract and insured is either debtor or a person on whom the debtor is dependent

Public Benefits: Crime victims’ compensation, Unemployment compensation, Workers’ compensation, Aid to blind, aged or disabled, General assistance, Social Security, Tools of Trade: Implements, books,and tools of trade up to $1,500

Wages: Minimum 30 times the federal minimum hourly wage per week; bankruptcy, judge may authorize more for low-income debtors

Wildcard: $800 plus unused portion of homestead or burial exemption, of any property

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