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) |