Bankruptcy in West Virginia (2026): Exemptions & Means Test

West Virginia bankruptcy protections are set out in a single statute that also gives filers a choice between two exemption systems. Contrary to a common assumption, West Virginia has not opted out of the federal bankruptcy exemptions: under W. Va. Code 38-10-4(k), a debtor domiciled in the state may choose either West Virginia's own exemptions or the federal list in 11 U.S.C. 522(d). The figures below are current as of mid-2026, and you should confirm the latest amounts before relying on them.

This page is general legal information, not legal advice. It is part of our Bankruptcy by State series.

Does West Virginia use state or federal bankruptcy exemptions?

West Virginia gives filers a choice, and this is the point most older summaries get wrong. The state's exemption statute, W. Va. Code 38-10-4, sets out the West Virginia exemptions, but subsection (k) expressly allows an individual debtor domiciled in the state to instead claim the property specified under 11 U.S.C. 522(d), the federal bankruptcy exemptions. In other words, West Virginia has not exercised the opt-out authority in 522(b)(2). A filer chooses one system or the other and cannot mix categories from both.

In practice the two lists are similar in structure, so the choice often comes down to specific assets. The West Virginia homestead is larger than the federal homestead, which can favor homeowners, while the federal set has its own wildcard that some renters prefer. Federal nonbankruptcy protections like Social Security apply regardless of which list you pick.

West Virginia homestead exemption

West Virginia's homestead is found in W. Va. Code 38-10-4(a). It protects a debtor's interest, not to exceed $35,000 in value, in real or personal property that the debtor or a dependent uses as a residence, in a cooperative that owns such a residence, or in a burial plot for the debtor or a dependent. Unlike states that limit the homestead to real estate, West Virginia's version can apply to personal property used as a home, such as a manufactured home.

Because the exemption belongs to each individual debtor, a married couple who jointly own their residence and file a joint case can each claim the $35,000 homestead, protecting up to $70,000 of equity in the property. The statute also includes a narrow exception that raises the cap substantially for a debtor who is a licensed physician carrying a large amount of malpractice insurance, but that provision applies only in that specific circumstance and not to ordinary filers.

Vehicle, wildcard, and personal-property exemptions

West Virginia's list mirrors the federal categories with its own dollar figures:

• Motor vehicle: up to $7,500 of equity in one motor vehicle under 38-10-4(b).
• Household goods: up to $800 per item in furnishings, goods, clothing, appliances, books, animals, crops, or musical instruments held for personal or household use, capped at $16,000 in the aggregate under 38-10-4(c).
• Jewelry: up to $2,000 held for personal, family, or household use under 38-10-4(d).
• Wildcard: up to $800 plus any unused amount of the homestead exemption under 38-10-4(e). Because a renter or low-equity homeowner may have most of the $35,000 homestead unused, this can be a substantial flexible exemption.
• Tools of trade: up to $3,000 in implements, professional books, or tools of the trade under 38-10-4(f).
• Health aids, unmatured life insurance, and support payments reasonably necessary for the debtor and dependents are also protected, and federal nonbankruptcy protections apply on top.

The Chapter 7 means test in West Virginia

The means test screens who can file Chapter 7. It first compares your household's current monthly income, annualized, against the median family income for a West Virginia household of the same size. If your income is at or below the West Virginia median, you generally clear this step. If it is above, you complete the longer calculation that deducts allowed living expenses to see whether you have disposable income that should fund a Chapter 13 plan.

The U.S. Trustee Program publishes the median figures. For cases filed on or after April 1, 2026, the West Virginia median family income is:

Add $11,100 for each additional person beyond four. These figures apply only to cases filed on or after April 1, 2026, and the U.S. Trustee Program revises them about twice a year, so confirm the figures for your filing date.

Chapter 7 vs. Chapter 13 in West Virginia

Chapter 7 is a liquidation in which a trustee may sell non-exempt property to pay creditors. Because West Virginia's homestead and wildcard together can protect a meaningful amount of equity, many filers keep everything they own, and most remaining unsecured debt like credit cards and medical bills is discharged within a few months.

Chapter 13 is a reorganization for people with regular income. You keep your property and repay part or all of your debt over three to five years. It is often used by homeowners who are behind on a mortgage, because the plan can cure the arrears over time and stop a foreclosure, and by filers whose income is above the median.

In both chapters, filing triggers the automatic stay under 11 U.S.C. 362, which immediately stops most collection activity, including foreclosure, wage garnishment, repossession, and collection calls.

Where you file bankruptcy in West Virginia

West Virginia has two federal bankruptcy districts. The U.S. Bankruptcy Court for the Northern District of West Virginia covers the northern counties, with locations in Wheeling, Clarksburg, Elkins, and Martinsburg. The U.S. Bankruptcy Court for the Southern District of West Virginia covers the southern counties, with locations in Charleston, Beckley, Huntington, and Bluefield. You file in the district where you have lived for the greater part of the last 180 days. Federal law requires approved credit counseling before you file and a debtor-education course before discharge.

What bankruptcy can and cannot do

Bankruptcy discharges most unsecured debts, but several categories generally survive: most student loans (absent a separate showing of undue hardship), recent income taxes, child support and alimony, and debts from fraud or willful injury. Secured debts like a mortgage or car loan continue if you keep the collateral and keep paying.

Because West Virginia lets you choose between two exemption systems, comparing the state and federal lists against your specific assets is a key step. Many people consult a licensed West Virginia bankruptcy attorney before filing.