West Virginia Bankruptcy Exemptions

This list of exemptions updated August 2007. All law references are to West Virginia Code unless otherwise noted. Federal bankruptcy exemptions are not available in West Virginia.

Homestead

38-10-4 - Real or personal property used as a residence up to $25,000. Unused portion may be applied to any other property.

Personal Property

38-10-4 - Motor vehicle up to $2,400; clothing, household goods, furnishings, appliances, books, musical instruments, animals and crops up to $400 per item and $8,000 total; jewelry up to $1,000; health aids; lost earnings payments needed for support; personal injury recoveries up to $15,000; prepaid higher education trust fund and savings plan payments; and wrongful death recoveries for a person you depended upon needed for support.

38-10-4 - $800 less amount of homestead claimed, of any property.

38-10-4 - Burial plot up to $25,000, in lieu of homestead.

Wages

38-5A-3 - Minimum of 30 times the federal hourly minimum wage per week. Judge may approve more for low income debtor.

Pensions

11 U.S.C. § 522 - Tax exempt retirement accounts; Traditional and Roth IRAs up to $1,095,000 per person.

5-10-46 - Public employees.

18-7A-30 - Teachers.

38-10-4 - ERISA-qualified benefits and IRAs needed for support.

Public Benefits

9-5-1 - General assistance; aid to blind, aged, and disabled.

38-10-4 - Crime victims' compensation; unemployment compensation; social security; and Veterans' benefits.

23-4-18 - Workers' compensation.

Tools of Trade

38-10-4 - Tools, books and implements of trade up to $1,500.

Alimony and Child Support

38-10-4 - Alimony and child support needed for support.

Insurance

33-6-28 - Group life insurance policy and proceeds.

33-23-21 - Fraternal benefit society benefits.

38-10-4 - Unmatured life insurance contract (except for credit life insurance contract); health or disability benefits; life insurance dividends, interest, loan, cash, or surrender value for person you depended; and unmatured life insurance contracts' accrued loan value, interest, or dividend up to $8,000 as long as the debtor owns the contract and the insured is either the debtor or a person the debtor is dependant upon.

Other - Add any applicable Federal Nonbankruptcy Exemptions

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