West Virginia Bankruptcy Exemptions
What property can you keep when filing Chapter 7 in West Virginia?
West Virginia Homestead Protection
$25,000
West Virginia protects up to $25,000 of equity in your primary residence from creditors.
West Virginia Exemption Table
2025/2026 figures — Chapter 7 bankruptcy
How to Claim Exemptions in West Virginia
To claim your West Virginia bankruptcy exemptions, you must list each exempt asset on Schedule C of your bankruptcy petition. West Virginia has opted out of the federal exemption system, so debtors must use West Virginia state exemptions only. A bankruptcy preparer can help you list your property correctly — all claims are subject to court approval.
How does West Virginia compare to other states?
Use the side-by-side comparison tool to see which state offers more protection for your assets.
Frequently Asked Questions
How much home equity can I protect in West Virginia bankruptcy?
West Virginia's homestead exemption protects up to $25,000 of your home's equity. If your equity exceeds this amount, the Chapter 7 trustee may sell your home — though in practice, most filers don't exceed this limit.
Can I keep my car when filing bankruptcy in West Virginia?
West Virginia's vehicle exemption protects up to $2,400 in car equity. If your car is worth less than this (or your equity after the loan balance is within this limit), you can typically keep it. If you're financing the car, you may also reaffirm the debt to keep it regardless of equity.
Are retirement accounts protected in West Virginia bankruptcy?
Yes — West Virginia protects Unlimited in qualified retirement accounts. This includes 401(k), 403(b), IRA, and pension accounts. Retirement assets are among the strongest-protected assets in bankruptcy across all 50 states.
Ready to take the next step?
Check If You Qualify for Chapter 7 in West Virginia
Run the free qualification check to see if your income is below the West Virginia median threshold. Takes under 5 minutes.
Check My EligibilityFree · No attorney required · Results in minutes
Non-Attorney Notice: JustiPal™ is a document preparation service — not a law firm. Exemption amounts shown are for educational purposes and reflect general 2025/2026 figures. Individual results depend on your specific assets, equity calculations, and applicable state law. Consult a licensed bankruptcy attorney for legal advice specific to your situation.