West Virginia Bankruptcy Exemptions
Homestead
38-10-4 - Real or personal property used as a residence up to $25,000.
Unused portion may be applied to any other property.
Personal Property
38-10-4 - Motor vehicle up to $2,400; clothing, household goods,
furnishings, appliances, books, musical instruments, animals and crops up to
$400 per item and $8,000 total; jewelry up to $1,000; health aids; lost
earnings payments needed for support; personal injury recoveries up to
$15,000; prepaid higher education trust fund and savings plan payments; and
wrongful death recoveries for a person you depended upon needed for support.
38-10-4 - $800 less amount of homestead claimed, of any property.
38-10-4 - Burial plot up to $25,000, in lieu of homestead.
Wages
38-5A-3 - Minimum of 30 times the federal hourly minimum wage per week.
Judge may approve more for low income debtor.
Pensions
11 U.S.C. § 522 - Tax exempt retirement accounts; Traditional and Roth IRAs
up to $1,095,000 per person.
5-10-46 - Public employees.
18-7A-30 - Teachers.
38-10-4 - ERISA-qualified benefits and IRAs needed for support.
Public Benefits
9-5-1 - General assistance; aid to blind, aged, and disabled.
38-10-4 - Crime victims' compensation; unemployment compensation; social
security; and Veterans' benefits.
23-4-18 - Workers' compensation.
Tools of Trade
38-10-4 - Tools, books and implements of trade up to $1,500.
Alimony and Child Support
38-10-4 - Alimony and child support needed for support.
Insurance
33-6-28 - Group life insurance policy and proceeds.
33-23-21 - Fraternal benefit society benefits.
38-10-4 - Unmatured life insurance contract (except for credit life
insurance contract); health or disability benefits; life insurance
dividends, interest, loan, cash, or surrender value for person you depended;
and unmatured life insurance contracts' accrued loan value, interest, or
dividend up to $8,000 as long as the debtor owns the contract and the
insured is either the debtor or a person the debtor is dependant upon.