Bankruptcy in West Virginia
In West Virginia you choose state or federal exemptions (exemptions are the property the law lets you keep). Your 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.
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 West Virginia
Exemptions are the property the law lets you keep. You pick one whole set: the West Virginia list or the federal list. You can't mix them.
Law: W. Va. Code 38-10-4(k); 11 U.S.C. 522(b)(1)-(2); 11 U.S.C. 522(d)
| What | West Virginia exemption | Federal exemption |
|---|---|---|
Home (homestead) | Up to $35,000 in real or personal property that you or a dependent uses as a residence (including a mobile home or a co-op), or in a burial plot for you or a dependent. Unused homestead amount can be added to the $800 wildcard. A special higher limit (up to $250,000 per household) applies only to certain licensed physicians with malpractice insurance whose bankruptcy is partly due to a malpractice verdict. Law: W. Va. Code 38-10-4(a), (e) | $31,575 Law: 11 U.S.C. 522(d)(1) |
Car or other vehicle | Up to $7,500 in one motor vehicle. Law: W. Va. Code 38-10-4(b) | $5,025 Law: 11 U.S.C. 522(d)(2) |
Household goods and clothing | Household furnishings, household goods, clothing, appliances, books, animals, crops and musical instruments: up to $800 per item and $16,000 total. Jewelry up to $2,000. Professionally prescribed health aids are fully exempt. Law: W. Va. Code 38-10-4(c), (d), (h) | Household goods: $800 per item, $16,850 total Jewelry for personal or family use: $2,125 Law: 11 U.S.C. 522(d)(3); 11 U.S.C. 522(d)(4) |
Wildcard (any property) | $800 in any property, plus any unused part of the $35,000 homestead exemption. Law: W. Va. Code 38-10-4(e) | $1,675 plus up to $15,800 of any unused part of the (d)(1) homestead amount Law: 11 U.S.C. 522(d)(5) |
Tools of your trade | Up to $3,000 in implements, professional books or tools of your trade or a dependent's trade. Law: W. Va. Code 38-10-4(f) | $3,175 Law: 11 U.S.C. 522(d)(6) |
Wages | There is no separate wage exemption in the bankruptcy statute. Outside bankruptcy, a wage garnishment (suggestee execution) can be issued only if your weekly take-home pay is more than 50 times the federal minimum hourly wage, and it can take at most 20% of your wages. Law: W. Va. Code 38-5A-3 | — |
Retirement accounts | Pension, annuity, profit-sharing and similar plan payments are exempt to the extent reasonably necessary for your support, and IRA and SEP funds are exempt regardless of amount, with limits for plans set up by an insider employer, non-qualified plans, and excess contributions. Law: W. Va. Code 38-10-4(i)(5) | No dollar limit (IRAs are capped under 522(n)) Money in traditional and Roth IRAs is protected up to $1,711,975 in total. Law: 11 U.S.C. 522(d)(12); 11 U.S.C. 522(n); 90 FR 8941 |
Public benefits | Your right to receive Social Security, unemployment compensation, local public assistance, veterans' benefits, and disability or illness benefits is exempt. Workers' compensation is exempt from creditors (except attorney fees and child or spousal support). Law: W. Va. Code 38-10-4(i)(1)-(3); W. Va. Code 23-4-18 | Your right to receive Social Security, unemployment, public assistance, veterans' and disability benefits; alimony and support you reasonably need; and certain pension or annuity payments you reasonably need: No dollar limit (some only as much as you reasonably need) Your right to certain payments: crime victim awards, wrongful-death and life-insurance payments for someone you depended on, personal bodily injury payments (not pain and suffering or actual money losses), and payments for lost future earnings: Crime-victim awards: no limit. Personal injury payment: up to $31,575. Others: as much as you reasonably need Law: 11 U.S.C. 522(d)(10); 11 U.S.C. 522(d)(11) |
Other exemptions |
Law: W. Va. Code 38-10-4(i)(4); W. Va. Code 38-10-4(g), (j)(3); W. Va. Code 38-10-4(j)(1), (2), (4), (5); W. Va. Code 38-10-4(j)(6) | An unmatured life insurance policy you own (not credit life insurance): No dollar limit Cash value of life insurance: $16,850 Health aids prescribed by a professional for you or a dependent: No dollar limit Law: 11 U.S.C. 522(d)(7); 11 U.S.C. 522(d)(8); 11 U.S.C. 522(d)(9) |
Amounts: Amounts set by 2023 Enrolled Committee Substitute for H.B. 2221 (passed March 9, 2023; in effect 90 days from passage), applying to bankruptcies filed on or after that effective date; current text read on code.wvlegislature.gov. Not indexed for inflation.
Federal amounts: Amounts in effect for cases filed on or after April 1, 2025 (next automatic adjustment due April 1, 2028)
Law: 11 U.S.C. 104; 90 FR 8941-8942
These amounts are per person. If a married couple files one joint case, each spouse can claim the federal exemptions separately.
The means test in West Virginia: first step
Official Form 122A-1 compares your household's yearly income with the median income in West Virginia. Here are the official medians:
- 1 person$63,908
- 2 people$68,592
- 3 people$92,050
- 4 people$93,672
- 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 West Virginia
You file in the district where you lived (your domicile) for most of the last 180 days. The Southern District covers Boone, Cabell, Clay, Fayette, Greenbrier, Jackson, Kanawha, Lincoln, Logan, McDowell, Mason, Mercer, Mingo, Monroe, Nicholas, Putnam, Raleigh, Roane, Summers, Wayne, Wirt, Wood and Wyoming counties; all other counties are in the Northern District.
Law: 28 U.S.C. 1408; 28 U.S.C. 129
Divisions: Charleston (only staffed office); court also held at Beckley, Bluefield, Huntington, Lewisburg and Parkersburg
Clerk's phone: 304-347-3003
Divisions: Wheeling and Clarksburg offices; court also held at Elkins, Fairmont and Martinsburg
Clerk's phone: 304-233-1655
Free help in West 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 West Virginia's courts.
Bankruptcy in West Virginia by topic
Exemptions in West Virginia
Home, car, household goods, wildcard and more, with the law for each.
The means test in West Virginia
The official median income and the first-step check.
Where to file in West Virginia
The bankruptcy courts, divisions, fees and the 341 meeting.
Good to know in West Virginia
- Since June 2021, West Virginia filers can choose the federal exemptions instead of the state list. Before that, only the state exemptions were allowed.
Law: 2021 1st Ex. Sess. S.B. 1007; W. Va. Code 38-10-4(k)
- Unused homestead can be used as a wildcard, so renters can protect up to $35,800 of any property under the state list. Source: W. Va. Code 38-10-4(a), (e).
- The Southern District's only staffed clerk's office is in Charleston; other locations are for hearings. Source: wvsb.uscourts.gov.
Questions about bankruptcy in West Virginia
Can I use the federal bankruptcy exemptions in West Virginia?
You can. West Virginia lets you choose the state exemptions or the federal exemptions in 11 U.S.C. 522(d). You must pick one whole set.
What is the homestead exemption in West Virginia?
Up to $35,000 in real or personal property that you or a dependent uses as a residence (including a mobile home or a co-op), or in a burial plot for you or a dependent.
How much of a car can I keep in bankruptcy in West Virginia?
Up to $7,500 in one motor vehicle.
Does West Virginia have a wildcard exemption?
$800 in any property, plus any unused part of the $35,000 homestead exemption.
What household goods can I keep in West Virginia?
Household furnishings, household goods, clothing, appliances, books, animals, crops and musical instruments: up to $800 per item and $16,000 total. Jewelry up to $2,000. Professionally prescribed health aids are fully exempt.
Are retirement accounts protected in bankruptcy in West Virginia?
Pension, annuity, profit-sharing and similar plan payments are exempt to the extent reasonably necessary for your support, and IRA and SEP funds are exempt regardless of amount, with limits for plans set up by an insider employer, non-qualified plans, and excess contributions.
Are my wages protected in West Virginia?
There is no separate wage exemption in the bankruptcy statute. Outside bankruptcy, a wage garnishment (suggestee execution) can be issued only if your weekly take-home pay is more than 50 times the federal minimum hourly wage, and it can take at most 20% of your wages.
Where do I file bankruptcy in West Virginia?
You file in the district where you lived (your domicile) for most of the last 180 days. The Southern District covers Boone, Cabell, Clay, Fayette, Greenbrier, Jackson, Kanawha, Lincoln, Logan, McDowell, Mason, Mercer, Mingo, Monroe, Nicholas, Putnam, Raleigh, Roane, Summers, Wayne, Wirt, Wood and Wyoming counties; all other counties are in the Northern District.
What is the median income for the means test in West Virginia?
For cases filed on or after April 1, 2026: 1 person: $63,908; 2 people: $68,592; 3 people: $92,050; 4 people: $93,672; Each extra person: +$11,100.
Where can I get free help with bankruptcy in West Virginia?
Legal Aid of West Virginia (free civil legal help for people who qualify).