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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