How To File Bankruptcy for Free in West Virginia
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Filing Chapter 7 bankruptcy in West Virginia can erase many types of unsecured debt, like credit cards, medical bills, and payday loans, giving you a fresh financial start. The process involves gathering documents, completing two required courses, filling out and submitting bankruptcy forms, and attending a short 341 meeting with your trustee. Both state districts allow you to file in person, by mail, or online through the eSR system. This article walks you through each step, explains costs and fee waiver options, and highlights resources — including Upsolve’s free filing tool and local legal aid organizations.
Written by Attorney Andrea Wimmer.
Updated October 8, 2025
How to File Bankruptcy in West Virginia for Free
If you’re feeling overwhelmed by debt, you’re not alone. Many people in West Virginia turn to bankruptcy as a way to reset and move forward. Chapter 7 bankruptcy can erase debts like credit cards, medical bills, payday loans, and utility balances. It’s a powerful tool for getting relief and building a stronger financial future.
Even better, many people file successfully without a lawyer. This guide walks you through every step.
✨ If your case is simple, you may be able to use Upsolve’s free filing tool to get started today. It only takes a few minutes to see if you qualify.
- Collect Your West Virginia Bankruptcy Documents
- Take a Credit Counseling Course
- Complete the Bankruptcy Forms
- Get Your Filing Fee
- Print Your Bankruptcy Forms
- File Your Forms With the West Virginia Bankruptcy Court
- Mail Documents to Your Trustee
- Take a Debtor Education Course
- Attend Your 341 Meeting
- Deal With Your Car
Collect Your West Virginia Bankruptcy Documents
Start by pulling together your financial documents. Some of these are required when you file, while others just make it easier to fill out the required bankruptcy paperwork.
The court or trustee will want to see:
Pay stubs from the past six months
Federal tax returns from the last two years
A bank statement that includes your filing date
🗃️ Having a few extra documents on hand can make it easier to list your income, expenses, and debts accurately on the forms. As you get organized, it helps to gather:
Bank statements from the past 6–12 months
Credit card and loan statements
Letters or notices from debt collectors
A recent credit report
📋 You can get a free credit report every week from all three bureaus at AnnualCreditReport.com. If you use Upsolve’s filing tool, we’ll pull your report for you.
Take a Credit Counseling Course
Before you file your Chapter 7 case, you’ll need to complete a credit counseling course. This short class explains your options for dealing with debt and helps you understand whether bankruptcy is the right step. You can take it online, by phone, or sometimes in person.
📚 Here’s what to know:
It must be completed within 180 days before you file.
It usually costs $10–$50, but you may qualify for a fee waiver if you can’t afford it.
You must take the course from an approved provider in West Virginia.
When you finish, you’ll get a certificate of completion, which must be filed with your bankruptcy forms
💡Remember to file your certificate with the court. If it’s missing, the court may dismiss your case, and your debts won’t be cleared.
Complete the Bankruptcy Forms
To start your Chapter 7 case, you’ll need to fill out a set of official bankruptcy forms. These forms are federal, so they’re the same no matter where you live. You can download them for free as fillable PDFs at USCourts.gov.
🛠️ If you use Upsolve’s filing tool, you’ll answer a series of simple questions online. Then, our software populates the forms for you based on your answers.
Get Your Filing Fee
It costs $338 to file a Chapter 7 bankruptcy case. If you can’t afford the fee, you might qualify for a fee waiver. Many low-income filers do. You can apply for a waiver if your income is below 150% of the federal poverty guideline.
✨ If you use Upsolve’s filing tool, we’ll fill out the fee waiver form for you. You’ll still need to file the form with the court yourself when you submit your other paperwork.
🛡️ If you don’t qualify for a waiver, you can ask the court to let you pay the fee in installments. This lets you start your case and take advantage of the automatic stay — a powerful protection that pauses most collection actions as soon as you file.
Just know that if you miss a payment, the court can dismiss your case.
Print Your Bankruptcy Forms
Unless you file online, you’ll need to print your bankruptcy forms and submit them by mail or in person.
🖨️ Here are some printing tips to get your forms court-ready:
Use black ink.
Print single-sided.
Use 8.5” x 11” white letter-size paper.
Don’t staple or hole-punch the pages
🖊️ Be sure to sign every page that requires a signature. Some filers find it helpful to use the court’s checklist to double-check everything before filing.
✨ If you’re using Upsolve’s free filing tool, you’ll get a ready-to-print packet with everything you need — including clear dividers that show you exactly where to sign.
File Your Forms With the West Virginia Bankruptcy Court
In West Virginia, you can file your bankruptcy forms in person, by mail, or online if you're filing without a lawyer.
🏛️ In person: Filing at the courthouse is often the most reliable option. A clerk can review your packet to make sure nothing's missing or out of order. This can help you avoid delays. You’ll also get immediate confirmation that your case has been filed and receive your case number on the spot. 📫 By mail: You can also mail your printed forms to the court. Be sure to include every required document and keep copies for yourself. Just note that this method takes longer, and the court won’t process your case until it receives and reviews everything. Many people choose to send the forms using certified mail to get confirmation of delivery. 💻 Online: If you’re filing without a lawyer, you can use the court’s Electronic Self-Representation (eSR) tool to prepare and submit your Chapter 7 forms online. It’s free to use and walks you through the process step by step.
Mail Documents to Your Trustee
After you file your case, the court will assign a bankruptcy trustee to manage it. The trustee isn’t a judge. They’re a neutral party who reviews your forms, verifies your information, and leads your 341 meeting (a short meeting to review your forms).
📌 After you file, you’ll get a notice from the court with your trustee’s name, contact information, and the date and time of your 341 meeting.
📄 At least 14 days before your meeting, you’ll need to send your trustee documents that help confirm the details in your forms:
A copy of your most recent federal tax return (or a note explaining why you don’t have one)
A bank statement for each account you had on the day you filed
A clear copy of your government-issued photo ID
Proof of your Social Security number (like your Social Security card, W-2, or a pay stub with your full SSN)
Your most recent pay stub or other proof of income
Your trustee may send a letter with more detailed instructions. Follow those directions carefully to avoid delays or complications in your case.
Take a Debtor Education Course
To receive a discharge — the court order that erases your debts — you must complete a second required course called debtor education. This course covers basic financial topics like budgeting, using credit wisely, and setting money goals. It’s designed to help you make the most of your fresh start.
📘 Here’s some important course information:
It must be taken from a court-approved provider.
You need to complete it after you file your case (can be before or after your 341 meeting).
You need to take it within 60 days after your 341 meeting.
It usually costs $10–$50, but fee waivers are available.
⚠️ You must file your certificate of completion with the court. If you miss the deadline, you may not receive your discharge.
Attend Your 341 Meeting
About a month after you file, you’ll meet with your bankruptcy trustee in a short video call. This is called the 341 meeting or meeting of creditors. It’s a routine part of every case and usually lasts less than 10 minutes.
💻 Most 341 meetings happen over Zoom, not in person. Your court notice will include the date, time, and login instructions. While creditors are allowed to attend, they rarely do. In most cases, it’s just you and the trustee.
During the meeting, the trustee will place you under oath and ask a few simple questions to confirm your identity and make sure your paperwork is accurate. Most people find the meeting much easier than they expected.
📄 It’s helpful to have these nearby during the meeting:
A copy of your bankruptcy forms
Any documents you sent your trustee (like your tax return or recent pay stub)
Your official court notice with the meeting details
🌱 Once the meeting is over, you’re one step closer to your fresh start!
Deal With Your Car
Filing for bankruptcy doesn’t automatically mean you’ll lose your car. In fact, many people are able to keep their vehicles.
🚗 If you own your car outright, you can keep it as long as its value is under the allowed exemption.
Bankruptcy exemptions protect certain property from being used to pay your debts. In West Virginia, you can exempt up to $7,500 in equity in one motor vehicle. We cover exemptions in more detail later in the West Virginia Exemptions section.
💵 If you're still paying off a car loan, you have a few options depending on how much equity you have in the vehicle. Equity is the car’s current value minus what you still owe.
You can choose to:
Reaffirm the loan: Keep making payments to keep the car. You must be current on payments, and you’ll stay on the hook for the loan after bankruptcy. The lender and bankruptcy court must approve your reaffirmation agreement.
Redeem the car: Pay the current value of the car in a lump sum to keep it free and clear. Any extra loan debt is wiped out. This can be helpful for filers who owe more than their car is worth, but the lender has to approve the redemption.
Surrender the car: Give the car back and erase the rest of the loan. This may be a good option for filers who owe a lot more than their car is worth.
📄 If you lease your vehicle, you can assume the lease or reject it. Read more in Upsolve’s Bankruptcy Guide to Leases.
West Virginia Bankruptcy Means Test
To qualify for Chapter 7 bankruptcy, you must pass something called the means test. This test checks your income and expenses to see if you’re truly unable to repay your debts.
The first step compares your household income to the median income in West Virginia for a household your size.
✅ If your income is below the state median, you pass the test and can file Chapter 7. Many people qualify at this first step.
If your income is above the median, there’s a second part. This step takes your allowed monthly expenses into account to figure out how much disposable income you have left. If there’s little or nothing left over after necessary expenses, you may still be eligible to file.
This second part of the test can get legally complicated, so it may help to talk with a lawyer to ensure eligibility. Upsolve can connect you with a local bankruptcy attorney for a free consultation.
Data on Median Income Levels for West Virginia
West Virginia Median Income Standards for Means Test for Cases Filed In 2025 | ||
|---|---|---|
| Household Size | Monthly Income | Annual Income |
| 1 | $4,766.42 | $57,197.00 |
| 2 | $5,484.67 | $65,816.00 |
| 3 | $6,565.42 | $78,785.00 |
| 4 | $8,013.42 | $96,161.00 |
| 5 | $8,938.42 | $107,261.00 |
| 6 | $9,863.42 | $118,361.00 |
| 7 | $10,788.42 | $129,461.00 |
| 8 | $11,713.42 | $140,561.00 |
| 9 | $12,638.42 | $151,661.00 |
| 10 | $13,563.42 | $162,761.00 |
Data on Poverty Levels for West Virginia
West Virginia Fee Waiver Eligibility for Cases Filed In 2025Eligible for fee waiver when under 150% the poverty level. | ||
|---|---|---|
| Household Size | State Poverty Level | Fee Waiver Limit (150% PL) |
| 1 | $1,255.00 | $1,882.50 |
| 2 | $1,703.33 | $2,555.00 |
| 3 | $2,151.67 | $3,227.50 |
| 4 | $2,600.00 | $3,900.00 |
| 5 | $3,048.33 | $4,572.50 |
| 6 | $3,496.67 | $5,245.00 |
| 7 | $3,945.00 | $5,917.50 |
| 8 | $4,393.33 | $6,590.00 |
| 9 | $4,841.67 | $7,262.50 |
| 10 | $5,290.00 | $7,935.00 |
West Virginia Districts & Filing Requirements
West Virginia has two bankruptcy districts: the Northern District and the Southern District. You’ll need to file your bankruptcy case in the district where you live.
Find your county in the table below to see which district you’re in. 👇
| District | Counties Served |
|---|---|
| Northern District of West Virginia | Barbour, Grant, Hardy, Pendleton, Lewis, Pocahontas, Randolph, Tucker, Upshur, Webster, Berkeley, Hampshire, Jefferson, Mineral, Morgan, Braxton, Calhoun, Doddridge, Gilmer, Harrison, Marion, Monongalia, Pleasants, Preston, Ritchie, Taylor, Brooke, Hancock, Marshall, Ohio, Wetzel, Tyler |
| Southern District of West Virginia | Boone, Cabell, Clay, Fayette, Greenbrier, Jackson, Kanawha, Lincoln, Logan, Mason, McDowell, Mercer, Mingo, Monroe, Nicholas, Putnam, Raleigh, Roane, Summers, Wayne, Wirt, Wood, Wyoming |
Northern District of West Virginia Requirements
If you live in the Northern District of West Virginia, you can file your bankruptcy forms in person, by mail, or online.
📝 The court offers a helpful Pro Se Debtor Packet to guide you through the process.
📍 To file in person, you can hand-deliver your completed forms to one of the following courthouses:
🏛️ Clarksburg Courthouse U.S. Bankruptcy Court 324 West Main Street Clarksburg, WV 26301 🕘 Public hours: Wednesdays from 10:30 a.m. to 3:00 p.m. 📞 Call (304) 233-1655 ahead of time to make sure a staff member is available.
🏛️ Wheeling Courthouse U.S. Bankruptcy Court Frederick P. Stamp, Jr. Federal Building and U.S. Courthouse 1125 Chapline Street Wheeling, WV 26003
📬 To file by mail, send your forms to: U.S. Bankruptcy Court Frederick P. Stamp, Jr. Federal Building and U.S. Courthouse P.O. Box 70 Wheeling, WV 26003
💻 To file online, you can use the court’s Electronic Self-Representation (eSR) tool. It walks you through the Chapter 7 forms step by step, and you have up to 45 days to complete everything.
📌 After completing eSR, you still need to submit the following documents by mail or in person:
Your signed eSR Declaration form, which confirms that the information in your online bankruptcy petition is true and that you’re the one who submitted it
Your Statement of Social Security Number, a short form the court uses to verify your identity and match your case to your credit records
Your filing fee, or a request to pay in installments
📝 Your case isn’t officially filed until the court receives these documents and assigns you a case number.
Pay Your Filing Fee in the Northern District
💰 You can pay the $338 filing fee with a money order or cashier’s check made out to Clerk, U.S. Bankruptcy Court. You can either mail your payment or bring it to the courthouse in person.
📆 If you can’t pay the full fee up front, you can apply to pay in installments. If the court approves your plan, you’ll be able to make payments online through Pay.gov using a bank account (ACH), debit card, PayPal, or Venmo.
🚫 The court doesn’t accept cash, personal checks, or credit cards.
Southern District of West Virginia Requirements
If you live in the Southern District of West Virginia, you can file your bankruptcy forms in person, by mail, or online.
📝 The court offers a helpful Pro Se Pamphlet to guide you through the process.
📍 To file in person, you can hand-deliver your completed forms to one of the following courthouses:
| 🏛️ Charleston Courthouse | 🏛️ Beckley Courthouse | 🏛️ Bluefield Courthouse | 🏛️ Huntington Courthouse |
|---|---|---|---|
| Robert C. Byrd U.S. Courthouse 300 Virginia Street East, Room 3200 Charleston, West Virginia 25301 | Robert C. Byrd U.S. Courthouse 110 North Heber Street, Room 271 Beckley, West Virginia 25801 | Elizabeth Kee Federal Building 601 Federal Street Bluefield, West Virginia 24701 | Sidney L. Christie Federal Building 845 Fifth Avenue, Room 336 Huntington, West Virginia 25701 |
📬 To file by mail, send your forms to:
U.S. Bankruptcy Court
Robert C. Byrd U.S. Courthouse
300 Virginia Street East, Room 3200
Charleston, West Virginia 25301
💻 To file online, you can use the court’s Electronic Self-Representation (eSR) tool. It walks you through the Chapter 7 forms step by step, and you have up to 45 days to complete everything.
📌 After completing eSR, you still need to submit the following documents by mail or in person:
Your signed eSR Declaration form, which confirms that the information in your online bankruptcy petition is true and that you’re the one who submitted it
Your Statement of Social Security Number, a short form the court uses to verify your identity and match your case to your credit records
Your filing fee (or a request to pay in installments)
📝 Your case isn’t officially filed until the court receives these documents and assigns you a case number.
Pay Your Filing Fee in the Southern District
💰 You can pay the $338 filing fee with cash (exact change), or a money order or cashier’s check made out to Clerk, U.S. Bankruptcy Court.
🚫 The court doesn’t accept personal checks or credit cards.
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West Virginia Bankruptcy Exemptions
When you file for bankruptcy, you don’t lose everything. The law protects certain property through bankruptcy exemptions. These exemptions cover things like your home, car, household items, and retirement accounts — either up to a certain value or in full. Property that’s protected by an exemption can’t be taken to pay your debts.
West Virginia has its own set of state exemptions. If you’ve lived in West Virginia for at least two years, you’ll need to use the state exemptions, not the federal ones. These include:
🏠 Home or residence: Up to $35,000 in equity in your home, condo, or mobile home. Married couples filing together may double this amount
🚗 Motor vehicle: Up to $7,500 in equity in one car or truck
🎯 Wildcard: Up to $800 in any property, plus any unused portion of the homestead exemption
🛋️ Household goods: Up to $800 per item, with a total cap of $16,000 for things like furniture, appliances, clothing, books, and musical instruments
West Virginia Bankruptcy Lawyer Cost
Most Chapter 7 bankruptcy lawyers in West Virginia charge a flat fee between $1,500 and $3,500. The exact amount depends on how complex your case is and the attorney’s experience level.
🤝 Hiring a lawyer is usually the biggest expense in a bankruptcy case. You don’t have to hire a lawyer to file your case, but some filers find the cost to be worth it. This is often true for people who own a home or have other valuable assets.
Many bankruptcy lawyers offer a free consultation, giving you a chance to ask questions and find the right fit before committing.
West Virginia Legal Aid Organizations
Legal aid organizations offer free or low-cost legal help to people who can’t afford a private attorney. If you’re feeling unsure about the bankruptcy process or want legal advice, these groups may be able to help. It’s worth reaching out to see if you qualify for assistance.
