Bankruptcy in Virginia
In Virginia you use state exemptions only (exemptions are the property the law lets you keep). Your home (homestead): up to $50,000 in real or personal property used as the principal residence of you or your dependents.
You file in one of 2 federal bankruptcy courts:
Checked against official sources: October 25, 2026. · Free letter and checklist ↓
What you can keep in Virginia
Exemptions are the property the law lets you keep. You use the Virginia list. The federal list is not available in Virginia.
Law: Va. Code 34-3.1
| What | Virginia exemption |
|---|---|
Home (homestead) | Up to $50,000 in real or personal property used as the principal residence of you or your dependents. This is separate from the $5,000 'householder' exemption (see wildcard), which can also be applied to your home. The exemption belongs to each 'householder'. The $50,000 part can be used only for the home (and its sale proceeds). In bankruptcy you claim it on your Schedule C; a recorded homestead deed is not needed. It does not apply against certain debts listed in Va. Code 34-5, such as support. From April 1, 2027 the amounts will be adjusted for inflation every 3 years (not for cases filed before that date). Law: Va. Code 34-6; Va. Code 34-4, 34-6, 34-13 |
Car or other vehicle | Up to $10,000 total in motor vehicles you own (a perfected lien on the vehicle comes first). Law: Va. Code 34-26(8) |
Household goods and clothing | Household furnishings up to $5,000 total; clothing up to $1,000; family portraits and heirlooms up to $5,000; firearms up to $3,000 total; the family Bible; wedding and engagement rings; pets; medically prescribed health aids; a burial lot and a preneed funeral contract up to $5,000. Values are fair market value minus any prior lien. Law: Va. Code 34-26(1)-(6) |
Wildcard (any property) | $5,000 in any real or personal property, including money (or $10,000 if you are 65 or older), plus $500 for each dependent you support. A veteran with a service-connected disability rated 40% or more gets an extra $10,000. Law: Va. Code 34-4; Va. Code 34-4.1 |
Tools of your trade | Up to $10,000 in tools, books, equipment and machines (including vehicles, boats and aircraft) needed in your occupation or trade. A vehicle used only to commute does not count. Being a student counts as an occupation. Law: Va. Code 34-26(7) |
Wages | The Virginia garnishment limit also applies in bankruptcy: at most 25% of weekly disposable earnings can be reached, or less if your weekly pay is under 40 times the federal or Virginia minimum wage (whichever is higher). So at least 75% of disposable earnings is exempt. Law: Va. Code 34-29(A), (I) |
Retirement accounts | Retirement plans and IRAs (IRC 401, 403(a), 403(b), 408, 408A, 457) are exempt to the same extent federal bankruptcy law allows. The exemption does not apply against a former spouse who is an alternate payee or against child or spousal support enforcement. Law: Va. Code 34-34 |
Public benefits | Unemployment benefits, workers' compensation and public assistance are exempt, even after being deposited in a bank account (public assistance is also kept out of bankruptcy). Law: Va. Code 60.2-600; Va. Code 65.2-531; Va. Code 63.2-506 |
Other exemptions |
Law: Va. Code 34-26(9); Va. Code 34-28.1; Va. Code 34-28.2; Va. Code 34-26(10); Va. Code 34-27; Va. Code 34-4.2 |
Amounts: Amounts set by 2024 Va. Acts ch. 656 (H 1339), approved April 8, 2024, effective July 1, 2024, as shown in the Code of Virginia on law.lis.virginia.gov (viewed October 25, 2026). First inflation adjustment is scheduled for April 1, 2027 (then every 3 years) and will not apply to cases filed before that date.
The means test in Virginia: first step
Official Form 122A-1 compares your household's yearly income with the median income in Virginia. Here are the official medians:
- 1 person$78,491
- 2 people$101,171
- 3 people$123,159
- 4 people$144,826
- Each extra person+$11,100
Applies to cases filed on or after April 1, 2026. 1 = one earner; 2, 3, 4 = people in the household; add = amount added for each person over 4
Where to file in Virginia
You file in the district where you lived (your domicile) for most of the last 180 days. Northern Virginia, Richmond and Hampton Roads are in the Eastern District; the rest of the state is in the Western District (city/town lookup: https://www.vawb.uscourts.gov/?q=counties).
Law: 28 U.S.C. 1408
Divisions: Alexandria, Richmond, Norfolk, Newport News
Clerk's phone: Alexandria 703-258-1200; Richmond 804-916-2400; Norfolk and Newport News 757-222-7500
Divisions: Roanoke, Lynchburg, Harrisonburg (hearings also in Abingdon, Charlottesville and Danville)
Clerk's phone: Roanoke and Lynchburg 540-857-2391; Harrisonburg 540-434-8327
Free help in Virginia
Free letter and checklist
Letter: tell a creditor you filed bankruptcy
Notice to a creditor or debt collector with your case number, court, filing date and chapter.
Checklist: what to gather before you file
Income, tax returns, debts, property and budget papers the federal forms ask about, with Virginia's courts.
Bankruptcy in Virginia by topic
Exemptions in Virginia
Home, car, household goods, wildcard and more, with the law for each.
The means test in Virginia
The official median income and the first-step check.
Where to file in Virginia
The bankruptcy courts, divisions, fees and the 341 meeting.
Good to know in Virginia
- Since July 1, 2024 Virginia's home exemption is $50,000 (it was $25,000) and the vehicle exemption is $10,000 (it was $6,000).
Law: 2024 Va. Acts ch. 656
- Virginia lets married couples own property as 'tenants by the entirety'. Such property is shielded from the separate creditors of just one spouse.
Law: Va. Code 55.1-136
- In bankruptcy you no longer need to record a 'homestead deed' to claim the homestead exemption; listing it on your bankruptcy Schedule C is enough.
Law: Va. Code 34-6, 34-14
Changes in 2024–2026
2024 Va. Acts ch. 656 (H 1339), effective July 1, 2024: principal-residence homestead raised from $25,000 to $50,000; motor vehicle exemption raised from $6,000 to $10,000; added rule that the $50,000 residence amount can be used only for the residence; added CPI-U adjustment every 3 years starting April 1, 2027. 2026 Va. Acts chs. 637 and 638 added Va. Code 34-4.3 (a $1,000 minimum bank-account balance protected from garnishment, also indexed from 2027). Va. Code 34-29 (wage garnishment) was amended in 2026 (chs. 143, 396, 1019, 1090), with a new version effective July 1, 2027.
Law: Va. Code 34-4, 34-13, 34-26
Questions about bankruptcy in Virginia
Can I use the federal bankruptcy exemptions in Virginia?
No. Virginia requires you to use the state exemptions.
What is the homestead exemption in Virginia?
Up to $50,000 in real or personal property used as the principal residence of you or your dependents. This is separate from the $5,000 'householder' exemption (see wildcard), which can also be applied to your home.
How much of a car can I keep in bankruptcy in Virginia?
Up to $10,000 total in motor vehicles you own (a perfected lien on the vehicle comes first).
Does Virginia have a wildcard exemption?
$5,000 in any real or personal property, including money (or $10,000 if you are 65 or older), plus $500 for each dependent you support. A veteran with a service-connected disability rated 40% or more gets an extra $10,000.
What household goods can I keep in Virginia?
Household furnishings up to $5,000 total; clothing up to $1,000; family portraits and heirlooms up to $5,000; firearms up to $3,000 total; the family Bible; wedding and engagement rings; pets; medically prescribed health aids; a burial lot and a preneed funeral contract up to $5,000. Values are fair market value minus any prior lien.
Are retirement accounts protected in bankruptcy in Virginia?
Retirement plans and IRAs (IRC 401, 403(a), 403(b), 408, 408A, 457) are exempt to the same extent federal bankruptcy law allows. The exemption does not apply against a former spouse who is an alternate payee or against child or spousal support enforcement.
Are my wages protected in Virginia?
The Virginia garnishment limit also applies in bankruptcy: at most 25% of weekly disposable earnings can be reached, or less if your weekly pay is under 40 times the federal or Virginia minimum wage (whichever is higher). So at least 75% of disposable earnings is exempt.
Where do I file bankruptcy in Virginia?
You file in the district where you lived (your domicile) for most of the last 180 days. Northern Virginia, Richmond and Hampton Roads are in the Eastern District; the rest of the state is in the Western District (city/town lookup: https://www.vawb.uscourts.gov/?q=counties).
What is the median income for the means test in Virginia?
For cases filed on or after April 1, 2026: 1 person: $78,491; 2 people: $101,171; 3 people: $123,159; 4 people: $144,826; Each extra person: +$11,100.
Where can I get free help with bankruptcy in Virginia?
Virginia Legal Aid (statewide network of legal aid offices, VirginiaLawHelp.org) and Virginia State Bar - pro bono and legal aid resources for the public (linked by the Eastern District bankruptcy court).