West Virginia Bankruptcy Guide

West Virginia Bankruptcy Overview

West Virginia offers bankruptcy protections including a $25,000 homestead exemption and the ability to choose between state and federal exemptions. Understanding West Virginia's specific exemption options and requirements is essential for protecting your assets during bankruptcy proceedings.

One significant advantage West Virginia offers is the choice between state exemptions and federal bankruptcy exemptions—you can select whichever set of exemptions better protects your property. Many West Virginia bankruptcy filers find that federal exemptions provide better overall protection, particularly for those with limited home equity. This guide covers everything you need to know about filing Chapter 7 or Chapter 13 bankruptcy in West Virginia.

2026 West Virginia Median Income for Chapter 7 Bankruptcy

To qualify for Chapter 7 bankruptcy in West Virginia, your household income must generally be at or below the state median income for your household size. If your income exceeds these thresholds, you may still qualify through the means test or may need to file Chapter 13 instead.

West Virginia Bankruptcy Exemptions: State vs. Federal

West Virginia is one of the states that allows you to choose between West Virginia state exemptions or federal bankruptcy exemptions. You cannot mix and match—you must choose one system or the other. Many West Virginia filers choose federal exemptions because they often provide better overall protection.

West Virginia State Exemptions

West Virginia state exemptions provide modest protection compared to many other states.

West Virginia Homestead Exemption (State)

Up to $25,000.

West Virginia's homestead exemption protects up to $25,000 of equity in your primary residence. This exemption applies to houses, condominiums, mobile homes, and any dwelling you use as your principal residence. Unlike some states, West Virginia does not have acreage limitations—the exemption is based solely on the dollar value of your equity.

This is one of the lower homestead exemptions in the nation. If you're single with limited home equity, federal exemptions ($27,900) actually provide better homestead protection than West Virginia state exemptions.

West Virginia Vehicle Exemption (State)

Up to $2,400 in value.

West Virginia allows you to protect up to $2,400 of equity in one motor vehicle. This is equity—meaning the vehicle's fair market value minus what you owe on any car loans. This is also one of the lower vehicle exemptions nationally.

West Virginia Personal Property Exemptions (State)

West Virginia provides specific exemptions for various types of personal property:

• Household Goods and Furnishings: Up to $400 per item, $8,000 total for appliances, books, clothing, household goods, furnishings, and musical instruments
• Jewelry: Up to $1,000 total
• Animals: Up to $400 per animal for domestic animals and pets
• Lost Earnings Payments: Up to $15,000 for personal injury or wrongful death compensation
• Tax-Exempt Retirement Accounts: Unlimited protection for IRAs (subject to federal limits), 401(k)s, pensions, and other qualified retirement plans
• Life Insurance: Unlimited cash value if the policy has been owned for more than one year; unlimited proceeds
• Tools of Trade: Up to $1,500 for implements, books, and tools used in your occupation
• Health Aids: Unlimited protection for health aids

West Virginia Wage and Income Exemptions (State)

• Wages: 80% of disposable earnings (West Virginia offers stronger wage protection than the federal 75% standard)
• Social Security Benefits: Unlimited protection
• Veterans Benefits: Unlimited protection
• Unemployment Benefits: Unlimited protection
• Workers' Compensation: Unlimited protection
• Disability Benefits: Unlimited protection
• Public Assistance: Unlimited protection for public assistance benefits

Federal Bankruptcy Exemptions (Alternative)

Instead of using West Virginia state exemptions, you can elect to use the federal bankruptcy exemptions. For many West Virginia filers, federal exemptions provide better overall protection.

Federal Homestead Exemption

Up to $27,900 ($55,800 for married couples filing jointly).

The federal homestead exemption is actually higher than West Virginia's $25,000 state exemption. If you're single, federal exemptions provide $2,900 more in homestead protection. For married couples, federal exemptions offer $55,800 compared to West Virginia's $25,000—more than double the protection.

Federal Vehicle Exemption

Up to $4,450 in value.

The federal vehicle exemption ($4,450) is significantly higher than West Virginia's state exemption ($2,400). If you have a vehicle with equity exceeding $2,400, federal exemptions provide much better protection.

Federal Wildcard Exemption

Up to $1,475, plus up to $13,950 of any unused homestead exemption.

The federal wildcard can be very powerful. If you don't use the full federal homestead exemption (because you rent or have a low-value home), you can apply up to $13,950 of the unused portion to any property—vehicle equity, bank accounts, tax refunds, etc. Combined with the base $1,475 wildcard, you could protect up to $15,425 in personal property.

Other Federal Exemptions

• Household Goods: Up to $700 per item, $14,875 total (much higher than West Virginia's $8,000 total)
• Jewelry: Up to $1,875 (higher than West Virginia's $1,000)
• Tools of Trade: Up to $2,800 (higher than West Virginia's $1,500)
• Retirement Accounts: Unlimited for most qualified plans

West Virginia Bankruptcy Courts and Locations

West Virginia is divided into two federal bankruptcy court districts: the Northern District and the Southern District. Where you file depends on where you live or where your business is primarily located.

Northern District of West Virginia

The Northern District covers the northern part of the state and has three courthouse locations:

• Wheeling: 1125 Chapline Street, Wheeling, WV 26003 (Main Courthouse)
• Clarksburg: 500 West Pike Street, Clarksburg, WV 26301
• Martinsburg: 217 West King Street, Martinsburg, WV 25401

Southern District of West Virginia

The Southern District covers the southern part of the state and has three courthouse locations:

• Charleston: 300 Virginia Street East, Charleston, WV 25301 (Main Courthouse)
• Huntington: 845 Fifth Avenue, Huntington, WV 25701
• Beckley: 110 North Heber Street, Beckley, WV 25801

Cost of Filing Bankruptcy in West Virginia

The total cost of filing bankruptcy in West Virginia includes both court filing fees and attorney fees. Here's what to expect:

Court Filing Fees (2026)

• Chapter 7: $338
• Chapter 13: $313

These fees are set by federal law and are the same nationwide. In Chapter 7, you may be able to request a fee waiver if your income is below 150% of the federal poverty line, or you may request to pay the filing fee in installments over 120 days.

Attorney Fees in West Virginia

Attorney fees for bankruptcy in West Virginia vary by location, case complexity, and the attorney's experience. Here are typical ranges by city:

• Charleston: $900 - $1,500 for Chapter 7; $2,500 - $3,700 for Chapter 13
• Huntington: $900 - $1,500 for Chapter 7; $2,500 - $3,700 for Chapter 13
• Morgantown: $900 - $1,500 for Chapter 7; $2,500 - $3,700 for Chapter 13
• Parkersburg: $850 - $1,400 for Chapter 7; $2,400 - $3,500 for Chapter 13
• Wheeling: $850 - $1,400 for Chapter 7; $2,400 - $3,500 for Chapter 13
• Beckley: $800 - $1,300 for Chapter 7; $2,300 - $3,400 for Chapter 13

West Virginia's attorney fees tend to be on the lower end nationally, reflecting the state's lower cost of living. Chapter 13 attorney fees are typically paid through your repayment plan over 3-5 years, making bankruptcy more accessible even if you cannot afford the full fee upfront. Many Chapter 7 attorneys also offer payment plans for their fees.

West Virginia-Specific Bankruptcy Considerations

Coal Mining Industry and Black Lung Benefits

West Virginia has a significant coal mining industry, and many residents receive black lung benefits. These benefits are fully protected in bankruptcy as disability benefits and cannot be garnished or seized by the bankruptcy trustee. If you receive black lung benefits, they're treated similarly to Social Security disability benefits and remain fully yours during and after bankruptcy.

Enhanced Wage Protection

West Virginia offers 80% wage garnishment protection (compared to the federal 75% standard), meaning creditors can only garnish up to 20% of your disposable earnings. This is one of the stronger wage protections in the nation. If wage garnishment is a concern and you have significant ongoing income, this is one advantage of using West Virginia state exemptions rather than federal exemptions.

Coal Royalty and Mineral Rights

Many West Virginia residents own mineral rights or receive coal royalty payments. These interests are generally considered personal property in bankruptcy. Depending on their value, they may be protected under available exemptions or could be at risk. If you own mineral rights or receive royalty payments, discuss with a West Virginia bankruptcy attorney how to best protect these assets.

Rural Property and Mobile Homes

Mobile homes and manufactured housing are common in West Virginia's rural areas. These can qualify for the homestead exemption ($25,000 state or $27,900 federal) if they are your primary residence, whether they're on land you own or in a mobile home park. The homestead protection extends to the mobile home structure itself.

West Virginia Bankruptcy FAQs

Should I use West Virginia state exemptions or federal exemptions?

For most West Virginia filers, federal exemptions provide better overall protection. Federal exemptions offer higher homestead protection ($27,900 vs. $25,000), higher vehicle protection ($4,450 vs. $2,400), more generous personal property exemptions, and a powerful wildcard. The main advantage of West Virginia state exemptions is the 80% wage garnishment protection. A West Virginia bankruptcy attorney can analyze your situation and recommend the better option.

How long does Chapter 7 bankruptcy take in West Virginia?

A typical Chapter 7 bankruptcy case in West Virginia takes about 4-6 months from filing to discharge. The 341 Meeting of Creditors usually occurs 30-45 days after filing, and the discharge is typically granted 60-90 days after the meeting, assuming no complications or objections arise.

Can I keep my home in West Virginia bankruptcy?

Yes, if your home equity doesn't exceed the applicable exemption ($25,000 using state exemptions, or $27,900/$55,800 using federal exemptions). You must continue making mortgage payments if you have a home loan. If you're behind on mortgage payments, Chapter 13 may be a better option to catch up while keeping your home.

Are black lung benefits protected in West Virginia bankruptcy?

Yes, black lung benefits are fully protected in bankruptcy as disability benefits. They cannot be garnished or seized by the bankruptcy trustee and remain fully yours during and after bankruptcy. This is true under both state and federal exemptions.

What happens to my coal royalties or mineral rights in bankruptcy?

Coal royalties and mineral rights are generally considered personal property in West Virginia bankruptcy. Depending on their value, they may be protected under available exemptions or could be at risk of liquidation by the bankruptcy trustee. If you own mineral rights or receive royalty payments, discuss with your attorney how to best protect them—you may need to use wildcard exemptions or consider Chapter 13.

Can I protect my mobile home in West Virginia bankruptcy?

Yes, mobile homes and manufactured housing can qualify for the homestead exemption ($25,000 state or $27,900 federal for single filers) if the mobile home is your primary residence. This applies whether the mobile home is on land you own or in a mobile home park.

How does West Virginia's wage protection work?

West Virginia protects 80% of your disposable earnings from garnishment (compared to the federal 75% standard). This means creditors can only garnish up to 20% of your disposable earnings. This protection applies both before and during bankruptcy. If you're facing wage garnishment, bankruptcy can stop it entirely during the bankruptcy process.

Can I file bankruptcy on my own in West Virginia without an attorney?

While it's legally possible to file bankruptcy without an attorney (called filing "pro se"), it's generally not recommended. Bankruptcy law is complex, and West Virginia's choice between state and federal exemptions makes professional guidance valuable. Mistakes can result in losing property you could have protected or having your case dismissed. Most West Virginia attorneys offer free or low-cost initial consultations, and fees are generally affordable.

How does bankruptcy affect my credit score in West Virginia?

Bankruptcy will negatively impact your credit score initially, typically dropping it by 130-200 points for those with previously good credit. A Chapter 7 bankruptcy remains on your credit report for 10 years, while Chapter 13 remains for 7 years. Many West Virginia filers find they can qualify for new credit within 2-3 years after discharge, especially if they practice good credit habits post-bankruptcy.

How much does it cost to file bankruptcy in West Virginia?

The court filing fee is $338 for Chapter 7 and $313 for Chapter 13. Attorney fees in West Virginia typically range from $800-$1,500 for Chapter 7 and $2,300-$3,700 for Chapter 13, depending on your location and case complexity. West Virginia's attorney fees are among the most affordable in the nation. Many attorneys offer payment plans, and Chapter 13 attorney fees are usually paid through your repayment plan over time.

Related Resources