West Virginia Bankruptcy Exemptions 2020

3,629 families have filed bankruptcy using Upsolve. Learn More.

Written by Upsolve Team.  
Updated March 30, 2020

Summary

It's important to understand what the exemptions for West Virginia are and how they're most often used in a bankruptcy case.

How Do Exemptions Work?

When you file for Chapter 7 bankruptcy, one of the biggest questions is whether or not you will be able to keep your property.

That depends on which property exemptions you can use on your bankruptcy forms. They are called exemptions because they “exempt” -- or “excuse” -- certain property from being taken. In most cases, exemptions protect most day-to-day items that you own, unless you have expensive property like a house or a car.

Certain exemptions protect entire categories of property like retirements accounts, regardless of value. Other exemptions only protect specific property like a vehicle up to a certain value.

If you're looking for a deep understanding of bankruptcy exemptions, read this article.

Does West Virginia allow federal exemptions?

West Virginia does not recognize the federal exemptions.

Every state has its own set of property exemptions. And some states also allow you choose between their exemptions and a set of federal bankruptcy exemptions. When they do, they will generally let you to choose the system that is the best fit for you. Although some states allow you to use the federal bankruptcy exemptions, others do not.

West Virginia Exemptions

11 U.S.C. § 522(b)(3)(C)

Most people use 11 U.S.C. § 522(b)(3)(C) to cover tax exempt retirement accounts. For single debtors filing, it has no coverage limit.

W. Va. Code § 18-7A-30

Most people use W. Va. Code § 18-7A-30 to cover teachers pension. For single debtors filing, it has no coverage limit.

W. Va. Code § 23-4-18

Most people use W. Va. Code § 23-4-18 to cover workers' compensation. For single debtors filing, it has no coverage limit.

W. Va. Code § 33-23-21

Most people use W. Va. Code § 33-23-21 to cover fraternal benefits. For single debtors filing, it has no coverage limit.

W. Va. Code § 33-6-28

Most people use W. Va. Code § 33-6-28 to cover life insurance (group). For single debtors filing, it has no coverage limit.

W. Va. Code § 38-10-4 (b)

Most people use W. Va. Code § 38-10-4 (b) to cover motor vehicle (one). For single debtors filing, it has a coverage limit of $2,400. This exemption has a limit to the number of assets it can cover.

W. Va. Code § 38-10-4 (c)

Most people use W. Va. Code § 38-10-4 (c) to cover household goods and furnishings. books, antiques, art, collectibles. hobby equipment. wearing apparel. animals. crops.. For single debtors filing, it has a coverage limit of $8,000.

W. Va. Code § 38-10-4 (d)

Most people use W. Va. Code § 38-10-4 (d) to cover jewelry. For single debtors filing, it has a coverage limit of $1,000.

W. Va. Code § 38-10-4 (f)

Most people use W. Va. Code § 38-10-4 (f) to cover office equipment & supplies. machinery, fixtures, equipment & supplies. For single debtors filing, it has a coverage limit of $1,500.

W. Va. Code § 38-10-4 (g)

Most people use W. Va. Code § 38-10-4 (g) to cover life insurance (unmatured). For single debtors filing, it has no coverage limit.

W. Va. Code § 38-10-4 (i)

Most people use W. Va. Code § 38-10-4 (i) to cover health aids. For single debtors filing, it has no coverage limit.

W. Va. Code § 38-10-4 (j)(1)

Most people use W. Va. Code § 38-10-4 (j)(1) to cover public assistance. For single debtors filing, it has no coverage limit.

W. Va. Code § 38-10-4 (j)(2)

Most people use W. Va. Code § 38-10-4 (j)(2) to cover veterans' benefit. For single debtors filing, it has no coverage limit.

W. Va. Code § 38-10-4 (j)(3)

Most people use W. Va. Code § 38-10-4 (j)(3) to cover health or disability benefits. For single debtors filing, it has no coverage limit.

W. Va. Code § 38-10-4 (j)(4)

Most people use W. Va. Code § 38-10-4 (j)(4) to cover alimony or maintenance support. For single debtors filing, it has no coverage limit.

W. Va. Code § 38-10-4 (j)(5)

Most people use W. Va. Code § 38-10-4 (j)(5) to cover erisa (employee retirement account). private pension plans. annuities. For single debtors filing, it has no coverage limit.

W. Va. Code § 38-10-4 (j)(5); 11 U.S.C. § 522(b)(3)(C)(n)

Most people use W. Va. Code § 38-10-4 (j)(5); 11 U.S.C. § 522(b)(3)(C)(n) to cover ira & roth ira. For single debtors filing, it has a coverage limit of $1,245,475.

W. Va. Code § 38-10-4 (k)(1)

Most people use W. Va. Code § 38-10-4 (k)(1) to cover crime victims' compensation. For single debtors filing, it has no coverage limit.

W. Va. Code § 38-10-4 (k)(2)

Most people use W. Va. Code § 38-10-4 (k)(2) to cover wrongful death awards. For single debtors filing, it has no coverage limit.

W. Va. Code § 38-10-4 (k)(3)

Most people use W. Va. Code § 38-10-4 (k)(3) to cover life insurance (for support). For single debtors filing, it has no coverage limit.

W. Va. Code § 38-10-4 (k)(4)

Most people use W. Va. Code § 38-10-4 (k)(4) to cover personal injury settlement. For single debtors filing, it has a coverage limit of $15,000.

W. Va. Code § 38-10-4 (k)(5)

Most people use W. Va. Code § 38-10-4 (k)(5) to cover lost future earnings. For single debtors filing, it has no coverage limit.

W. Va. Code § 38-10-4 (k)(6)

Most people use W. Va. Code § 38-10-4 (k)(6) to cover tuition trust fund. For single debtors filing, it has no coverage limit.

W. Va. Code § 38-5A-3

Most people use W. Va. Code § 38-5A-3 to cover unpaid wages - 80% or 30 times the federal min hourly wage per week. For single debtors filing, it has no coverage limit.

W. Va. Code § 38-8-14

Most people use W. Va. Code § 38-8-14 to cover unripe crops. For single debtors filing, it has no coverage limit.

W. Va. Code § 47B-5-4

Most people use W. Va. Code § 47B-5-4 to cover partnerships. For single debtors filing, it has no coverage limit.

W. Va. Code § 5-10-46

Most people use W. Va. Code § 5-10-46 to cover public employees. For single debtors filing, it has no coverage limit.

W. Va. Code § 51-9-14

Most people use W. Va. Code § 51-9-14 to cover judges' retirement benefits. For single debtors filing, it has no coverage limit.

W. Va. Code § 9-5-1

Most people use W. Va. Code § 9-5-1 to cover blind aged disabled assistance. For single debtors filing, it has no coverage limit.

W. Va. Code § 38-10-4 (e)

Most people use W. Va. Code § 38-10-4 (e) to cover wildcard. For single debtors filing, it has a coverage limit of $25,800.

West Virginia Exemptions F.A.Q.

Bankruptcy exemptions protect the equity in certain property. Property that is exempt cannot be used to pay debts. Therefore, a debtor is permitted to keep all exempt property. If you have more questions about exemptions, check out this article.

For expanded descriptions, go to the exemption page for West Virginia. Below are common questions people have about assets and exemptions:

It's easy to get help

Choose one of the options below to get assistance with your bankruptcy:
Page 1Created with Sketch.

Free Web App

Take our bankruptcy screener to see if you're a fit for Upsolve's free web app!

Take Screener
3629 families have filed with Upsolve! ☆
OR

Private Attorney

Get a free bankruptcy evaluation from an independent local law firm.

Find Attorney
2706 people found attorneys this month

Upsolve is a 501(c)(3) nonprofit that started in 2016. Our mission is to help low-income families who cannot afford lawyers file bankruptcy for free, using an online web app. Spun out of Harvard Law School, our team includes lawyers, engineers, and judges. We have world-class funders that include the U.S. government, former Google CEO Eric Schmidt, and leading foundations. It's one of the greatest civil rights injustices of our time that low-income families can’t access their basic rights when they can’t afford to pay for help. Combining direct services and advocacy, we’re fighting this injustice.

To learn more, read why we started Upsolve in 2016, our reviews from past users, and our press coverage from places like the New York Times and Wall Street Journal.

Close

Considering Bankruptcy?

Are you interested in our free self-service bankruptcy app or a free evaluation with a paid attorney?

File Bankruptcy in West Virginia