West Virginia Bankruptcy Exemptions

UPDATED: Jul 15, 2021

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jul 15, 2021Fact Checked

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption

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...

Insurance Lawyer

UPDATED: Jul 15, 2021

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

UPDATED: Jul 15, 2021

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jul 15, 2021Fact Checked
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:
West Virginia Bankruptcy Attorneys

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption

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...

Insurance Lawyer

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption