Bankruptcy exemptions in Virginia: what you can keep

Every Virginia exemption with its amount and law, plus the federal rules that limit them.

Checked against official sources: October 25, 2026.

Short answer

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.

Exemption system: State exemptions only
Car or other vehicle: Up to $10,000 total in motor vehicles you own (a perfected lien on the vehicle comes first).
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.
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).

Exemptions in Virginia, item by item

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	The part of a tax refund that comes from the Child Tax Credit, Additional Child Tax Credit or Earned Income Credit is exempt. Personal-injury and wrongful-death claims and their settlement or award money are exempt (except certain medical and attorney liens). Spousal or child support you have a right to receive is exempt to the extent reasonably necessary for your and your dependents' support; unpaid support owed to you is also exempt. Extra exemptions for farmers and for wage garnishment of parents supporting minor children. 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 Virginia homestead exemption

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

Law: Va. Code 34-4, 34-6, 34-13

New amounts in Virginia

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

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

Retirement money in tax-exempt accounts is protected whichever set of exemptions you use (IRAs subject to the 522(n) cap).

Law: 11 U.S.C. 522(b)(3)(C), 522(d)(12), 522(n)

Which state's law applies

You use the exemption law of the state where you lived (your domicile) for the full 730 days (2 years) before you filed. If you moved between states during those 2 years, you use the law of the state where you lived for the 180 days before that 2-year period, or where you lived the longest part of those 180 days.

Law: 11 U.S.C. 522(b)(3)(A)

If this rule leaves you with no exemptions at all (for example, the state's exemptions apply only to its residents and you no longer live there), you can use the federal exemptions instead.

Law: 11 U.S.C. 522(b)(3), flush language

In nearby states

West Virginia: State or federal, your choice. Home (homestead): up to $35,000 in real or personal property that you or a dependent uses as a residence, or in a burial plot for you or a dependent.
District of Columbia: State or federal, your choice. Home (homestead): unlimited: your whole interest in real property you use as your residence, or in a cooperative that owns property you or a dependent use as a residence.
North Carolina: State exemptions only. Home (homestead): $35,000 in equity in real or personal property that you or a dependent use as a residence (including a co-op or a mobile home) or in a burial plot.
Maryland: State exemptions only. Home (homestead): your equity in the owner-occupied home you live in, up to the same dollar amount as the federal homestead exemption in 11 U.S.C. 522(d)(1), as adjusted.

Steps to protect what you can in Virginia

Write down your property
List each thing you own and what it is worth on Official Form 106A/B.
Compare with the list
Use the Virginia table above to see which exemption covers each item and how much.
List the exemptions you claim
Exemptions are claimed on Official Form 106C.
Ask for free help
Legal aid can help for free: 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).

Where to get free help in Virginia

Questions about exemptions in Virginia

State or federal exemptions in Virginia?

No. Virginia requires you to use the state exemptions.

Can I keep my house in bankruptcy in Virginia?

What is the vehicle exemption in Virginia?

Up to $10,000 total in motor vehicles you own (a perfected lien on the vehicle comes first).

What is the wildcard exemption in Virginia?

$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 personal property is protected 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.

Is my 401(k) or IRA protected in a Virginia bankruptcy?

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.