West Virginia Bankruptcy Laws
Filing bankruptcy in West Virginia gives you options
Don’t let your debt drag you down. West Virginia bankruptcy laws give you options to get out of your debt while keeping your home and family safe.
The two main options provided by state law, Chapter 7 and Chapter 13, are generally explained on this page. But if you don’t want to wait for debt relief, you can speak with a local bankruptcy lawyer today.
To set up an appointment with a local West Virginia bankruptcy attorney, simply fill out the free case review form on this page.
Bankruptcy Laws in West Virginia
Filing Chapter 7 bankruptcy in West Virginia could be life altering for those with low income and high debt. Chapter 7 is particularly powerful for people with lots of debt resulting from credit cards, medical bills, personal loans and payday loans.
This debt is considered “unsecured debt” and could be entirely dismissed and cleared by Chapter 7 bankruptcy.
Chapter 7 also offers protections for property in the form of exemptions. Anything covered by the exemptions in West Virginia’s bankruptcy laws will be safe from liquidation sales. In fact, there is no property sale in the majority of Chapter 7 bankruptcy cases.
Homestead
- Up to $25,000 worth of real or personal property when filing under federal bankruptcy law. Otherwise $5,000 with state exemption.
Wages
- 80 percent of your earned but unpaid wages.
Automobiles
- Up to $2,400 worth of a motor vehicle.
Personal Property
- Up to $8,000, with no single item exceeding $400 in value, worth of household furnishings, household goods, clothing, appliances, books, animals, crops and musical instruments.
- Up to $1,000 in jewelry.
- Up to $3,000 worth of books and trade tools.
Homeowners or individuals with lots of valuable property, like trade tools, may get more protection by filing Chapter 13 bankruptcy in West Virginia. However, they will need some regular income.
Chapter 13 consolidates and orders all of your debts, and may be able to reduce some of them. Then, instead of juggling multiple bills and claims, you’ll make one manageable, monthly payment to a court-appointed trustee. This trustee will deal with your creditors, and you’ll be free of harassing phone calls and letters.
You’ll be under this repayment plan from 3-5 years. After that, you can emerge from bankruptcy without your debt, but still with your home, your dignity and the chance for a fresh start.
Take the next step with a West Virginia Bankruptcy Lawyer
Many times, people who consider filing bankruptcy in West Virginia feel overwhelmed by the complexity of the state’s bankruptcy laws. Plus, when filing bankruptcy, most people want to take complete advantage of the tools being offered. To maximize their debt reduction and property protections, many people turn to a bankruptcy lawyer for help.
Your West Virginia bankruptcy lawyer can take you through the bankruptcy process, answering your questions and offering assistance along the way.
To talk to a West Virginia bankruptcy lawyer near you, simply out free case review form on this page or give us a call at 877-349-1309, and we’ll connect you right away.
Note: Keep in mind all laws are complex. If you need legal advice or want to fully understand how these laws affect you, please speak with a local West Virgina attorney about filing bankruptcy.
West Virgina Bankruptcy Laws may have changed since our last update. For the latest information on your state's bankruptcy laws, speak to a local West Virgina bankruptcy lawyer.
