West Virginia State Exemption List

Only State Exemptions Allowed

In the state of West Virginia you may use only the state bankruptcy exemptions. There may be certain federal supplemental exemptions you can use. All exemptions should be discussed with your West Virginia Bankruptcy Attorney.

West Virginia has created bankruptcy exemptions to allow you to maintain enough public benefits, wages, personal property and insurance to start over after filing bankruptcy in West Virginia. There may be certain residency requirements to use the West Virginia state exemption list.

The following table will outline the West Virginia State Exemptions. Many of your assets may not have a matching exemption.

Exemptions	Exemption Amount	Statutes
Homestead	Real or personal property used as residence to $25,000; unused portion of homestead may be applied to any property	38-10-4(a)
Insurance	Fraternal benefit society benefits Group life insurance policy or proceeds Health or disability benefits Life insurance payments from policy for person you depended on, needed for support Non-matured life insurance contract, except credit insurance policy Non-matured life insurance contract’s accrued dividend, interest or loan value to $8,000, if debtor owns contract & insured is either debtor or a person on whom debtor is dependent	33-23-21 33-6-28 38-10-4(j) (3) 38-10-4(k) (3) 38-10-4(g) 38-10-4(h)
Miscellaneous	Alimony, child support needed for support Property of business partnership	38-10-4(j) (4) 47-8A-25
Pensions	ERISA-qualified benefits needed for support Public employees Teachers	38-10-4(j) (5) 5-10-46 18-7A-30
Public Benefits	Aid to blind, aged, disabled, general assistance Crime victims’ compensation Social security Unemployment compensation Veterans’ benefits Workers’ compensation	9-5-1 14-2A-24, 38-10-4(k) (1) 38-10-4(j) (1) 38-10-4(j) (1) 38-10-4(j) (2) 23-4-18
Tools of Trade	Implements, books & tools of trade to $1,500	38-10-4(f)
Wages	80% of earned but unpaid wages; bankruptcy judge may authorize more for low-income debtors	38-5A-3
Wild Card	$800 of any property Unused portion of homestead or burial exemption, of any property	38-10-4(e) 38-10-4(e)
Personal Property	Animals, crops, clothing, appliances, books, household goods, furnishings, musical instruments to $400 per item, $8,000 total Burial plot to $15,000 in lieu of homestead Health aids Jewelry to $1,000 Lost earnings payments needed for support Motor vehicle to $2,400 Personal injury recoveries to $15,000 (not to include pain and suffering) Wrongful death recoveries needed for support, for person you depended on	38-10-4( c) 38-10-4(a) 38-10-4(I) 38-10-4(d) 38-10-4(k) (5) 38-10-4(b) 38-10-4(k) (4) 38-10-4(k) (2)

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