West Virginia Bankruptcy Exemptions

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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...

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UPDATED: Jul 15, 2021

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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)

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