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Bankruptcy in West Virginia: Exemptions and Filing Guide

State-specific bankruptcy exemptions and filing information for West Virginia. These exemptions determine what property you can keep when filing Chapter 7 bankruptcy.

Data last updated: Jan 15, 2025

Key Takeaways

  • Homestead exemption: $25,000.
  • Vehicle exemption: $2,400.
  • Federal exemptions available — you can choose state or federal.
  • Attorney fees: $1,000–$1,500 (Ch. 7) / $2,500–$3,500 (Ch. 13) typical.
$25,000 Homestead exemption
$2,400 Vehicle exemption
Yes Federal option
$338 (Chapter 7) / $313 (Chapter 13) Filing fee

West Virginia Bankruptcy Exemptions

  • Homestead$25,000
  • Vehicle$2,400
  • Personal property$8,000 household goods; $1,000 jewelry
  • Wildcard$800 plus $4,000 unused homestead
  • Federal exemptionsAvailable (can choose)

Means Test: West Virginia Median Income

To qualify for Chapter 7 in West Virginia, your income must be below the state median or you must pass the means test showing no disposable income for creditors.

  • 1 person$46,200
  • 2 people$57,800
  • 3 people$65,200
  • 4 people$76,800

Filing Costs

  • Court filing fee$338 (Chapter 7) / $313 (Chapter 13)
  • Typical attorney fee$1,000–$1,500 (Ch. 7) / $2,500–$3,500 (Ch. 13)
  • Court districtsNorthern and Southern Districts of West Virginia

West Virginia bankruptcy court

Related Resources

Frequently Asked Questions

  • What is the homestead exemption in West Virginia?

    West Virginia provides a $25,000 homestead exemption for your primary residence.

  • Can I choose federal exemptions in West Virginia?

    Yes. West Virginia allows debtors to choose between state and federal bankruptcy exemptions.

  • Does West Virginia have a wildcard exemption?

    Yes. West Virginia provides $800 plus up to $4,000 of unused homestead exemption to protect other property.

  • What is the income threshold for Chapter 7 in West Virginia?

    West Virginia has one of the lowest median incomes in the country, so the means test threshold is lower than in most states.

Legal Disclaimer: FreeNetLaw provides general legal information, not legal advice. The information on this site is not a substitute for consultation with a licensed attorney. Laws vary by jurisdiction and change frequently. Always verify information with official sources and consult a qualified attorney for advice about your specific situation.

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