How To File Bankruptcy for Free in West Virginia
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If you're dealing with debt that feels impossible to get out from under, Chapter 7 bankruptcy may be the fresh start you need. It can erase eligible debts like credit cards, medical bills, and payday loans — and many West Virginians file without a lawyer or any filing costs. This guide covers everything you need to know to file in West Virginia.
Written by Attorney Andrea Wimmer.
Updated April 16, 2026
5 Steps To File Chapter 7 in West Virginia
If you’re feeling overwhelmed by debt, you’re not alone. Many people in West Virginia use bankruptcy to get back on track — and many people complete the process without a lawyer. This guide explains each step so you know what to expect.
Step 1: See If You Qualify
Chapter 7 has income limits, but most people who need it meet them. You'll answer a few questions about your household size and income. If you use Upsolve's free tool, it just takes two minutes to see if you qualify.
If your income is below West Virginia’s median for a household your size, you'll likely pass the means test and qualify to file with Upsolve.
West Virginia Median Income Standards for Means Test for Cases Filed In 2026 | ||
|---|---|---|
| Household Size | Monthly Income | Annual Income |
| Loading... | ||
Step 2: Gather Your Documents
Before you file, you'll need to pull together a few key documents. One of those is a certificate from a short credit counseling course, which you'll complete online. It takes 1–2 hours and costs $10–$50 (fee waivers available).
See the full document checklist →
Step 3: Complete Your Forms and File
The forms you'll fill out are federal, so they're the same across the country. You can find them as free fillable PDFs at uscourts.gov. Some courts also require local forms.
If you use Upsolve, it creates your forms using the information you provide and organizes everything so it’s ready to print and sign.
How filing works with Upsolve →
Filing Fee Information & Fee Waiver Eligibility
There’s a $338 filing fee for Chapter 7. If you can’t afford it, you can ask the court to waive the fee when you file your paperwork.
People whose income falls below 150% of the federal poverty level may be eligible. A bankruptcy judge will review your income and expenses and decide whether to grant the fee waiver.
West Virginia Fee Waiver Eligibility for Cases Filed In 2026Eligible for fee waiver when under 150% the poverty level. | ||
|---|---|---|
| Household Size | State Poverty Level | Fee Waiver Limit (150% PL) |
| 1 | $1,330.00 | $1,995.00 |
| 2 | $1,803.33 | $2,705.00 |
| 3 | $2,276.67 | $3,415.00 |
| 4 | $2,750.00 | $4,125.00 |
| 5 | $3,223.33 | $4,835.00 |
| 6 | $3,696.67 | $5,545.00 |
| 7 | $4,170.00 | $6,255.00 |
| 8 | $4,643.33 | $6,965.00 |
| 9 | $5,116.67 | $7,675.00 |
| 10 | $5,590.00 | $8,385.00 |
If you don’t qualify for a fee waiver, you’ll need to pay the full filing fee or an installment payment (if approved) when you file your forms.
Step 4: Attend Your 341 Meeting
About a month after you file, you'll have a short meeting with your bankruptcy trustee on Zoom. It typically takes about five minutes. The trustee will verify your identity and ask a few basic questions about your paperwork.
Upsolve can help you prep for your 341 meeting →
Step 5: Get Your Discharge
After your 341 meeting, you'll need to take one more short course — a debtor education course on budgeting and managing credit. Once that's done and any follow-up is resolved, the court erases your eligible debts. That's your fresh start, usually within 3–4 months of filing.
What debts does Chapter 7 discharge? →
West Virginia Bankruptcy Districts
The West Virginia Bankruptcy Court is divided into two districts: Northern and Southern. The filing process is the same in both districts, but the court that handles your case is determined by which county you live in.
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 |
Local Forms/Requirements for the Northern District
The court offers a helpful Pro Se Debtor Packet to guide you through the process.
To file in person, you can bring your completed forms to one of these 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 them.
After using eSR, you also 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.
Local Forms/Requirements for the Southern District
The court offers a helpful Pro Se Pamphlet to guide you through the process.
No matter how you file, the Southern District requires you to submit a creditor mailing matrix. This is a list of all your creditors' names and addresses that the court uses to notify them about your bankruptcy case. You must also complete the Verification of Creditor Matrix to confirm the accuracy of your creditor list.
To file in person, you can bring your completed forms to one of these courthouses:
Charleston Courthouse Robert C. Byrd U.S. Courthouse 300 Virginia Street East, Room 3200 Charleston, WV 25301
Beckley Courthouse Robert C. Byrd U.S. Courthouse 110 North Heber Street, Room 271 Beckley, WV 25801
Bluefield Courthouse Elizabeth Kee Federal Building 601 Federal Street Bluefield, WV 24701
Huntington Courthouse Sidney L. Christie Federal Building 845 Fifth Avenue, Room 336 Huntington, WV 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, WV 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 them.
After completing eSR, you also 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.
Free Legal Aid in West Virginia
If your case is more complex — or you'd just feel better having an attorney review it — free and low-cost legal help is available across West Virginia.
Legal Aid of West Virginia, Inc. (304) 343-3013 123 Washington Street West Charleston, WV 25302
