West Virginia Bankruptcy Exemptions
Table of Contents
Insurance Lawyer
Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...
Jeffrey Johnson
Insurance Lawyer
Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...
Jeffrey Johnson
Updated January 2025
| Assets | Exemption | State Statutes |
|---|---|---|
| Homestead | Real or personal property used as residence to $25,000; unused portion of homestead may be applied to any property (husband & wife may double).’ | W. Va. Code’ 38-10-4 (a) |
| Insurance | Fraternal benefit society benefits. | W. Va. Code’ 33-23-21 |
| Group life insurance policy or proceeds. | W. Va. Code’ 33-6-28 | |
| Health or disability benefits. | W. Va. Code’ 38-10-4 (j)(3) | |
| Life insurance payments from policy for person you depended on, needed for support. | W. Va. Code’ 38-10-4 (k)(3) | |
| Unmatured 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. | W. Va. Code’ 38-10-4 (h) | |
| Unmatured life insurance contract, except credit insurance policy. | W. Va. Code’ 38-10-4 (g) | |
| Misc. | Alimony, child support needed for support.’ | W. Va. Code’ 38-10-4 (j)(4) |
| Property of business partnership.’ | W. Va. Code’ 47B-5-4 | |
| Pensions & Retirement Savings | ERISA-qualified benefits, IRAs needed for support. | W. Va. Code’ 38-10-4 (j)(5) |
| Teachers. | W. Va. Code’ 18-7A-30 | |
| Public employees. | W. Va. Code’ 5-10-46 | |
| Personal Property | Animals, crops, clothing, appliances, books, household goods, furnishings, musical instruments to $400 per item, $8,000 total. | W. Va. Code’ 38-10-4 (c) |
| Burial plot to $25,000, in lieu of homestead. | W. Va. Code’ 38-10-4 (a) | |
| Health aids. | W. Va. Code’ 38-10-4 (i) | |
| Jewelry to $1,000. | W. Va. Code’ 38-10-4 (d) | |
| Lost earnings payments needed for support. | W. Va. Code’ 38-10-4 (k)(5) | |
| Motor vehicle to $2,400. | W. Va. Code’ 38-10-4 (b) | |
| Personal injury recoveries to $15,000. | W. Va. Code’ 38-10-4 (k)(4) | |
| Prepaid higher education tuition trust fund and savings plan payments. | W. Va. Code’ 38-10-4 (k)(6) | |
| Wrongful death recoveries for person you depended on, needed for support. | W. Va. Code’ 38-10-4 (k)(2) | |
| Public Benefit | Aid to blind, aged, disabled; general assistance. | W. Va. Code’ 9-5-1 |
| Crime victims’ compensation needed for support. | W. Va. Code’ 38-10-4 (k)(1) | |
| Social Security needed for support. | W. Va. Code’ 38-10-4 (j)(1) | |
| Unemployment compensation. | W. Va. Code’ 38-10-4 (j)(1) | |
| Veterans’ benefits needed for support. | W. Va. Code’ 38-10-4 (j)(2) | |
| Workers’ compensation. | W. Va. Code’ 23-4-18 | |
| Tools of Your Trade | Implements, books, & tools of trade to $1,500.’ | W. Va. Code’ 38-10-4 (f) |
| Wages | Minimum 30 times the federal minimum hourly wage per week; bankruptcy judge may authorize more for low-income debtors. | W. Va. Code’ 38-5A-3 |
| Wildcard | $800 plus unused portion of homestead or burial exemption. | W. Va. Code’ 38-10-4 (e) |
Resources:
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