FEDERAL BANKRUPTCY EXEMPTIONS ARE AVAILABLE
All Bankruptcy law references are to West Virginia Code unless noted.

ASSET

EXEMPTION

LAW PROVISION

HOMESTEAD

Real or personal property used as residence to $25,000; unused portion of homestead may be applied to any property

38-10-4(a)

PERSONAL PROPERTY

Animals, crops, clothing, appliances, books, household goods, furnishings, musical instruments to $400 per item, $8,000 total

Burial plot to $15,000 in lieu of homestead

Health aids

Jewelry to $1,000

Lost earnings payments needed for support

Motor vehicle to $2,400

Personal injury recoveries to $15,000 (not to include pain and suffering)

Wrongful death recoveries needed for support, for person you depended on for support

38-10-4( c)




38-10-4(a)

38-10-4(I)

38-10-4(d)

38-10-4(k) (5)


38-10-4(b)

38-10-4(k) (4)


38-10-4(k) (2)

INSURANCE

Fraternal benefit society benefits

Group life insurance policy or proceeds

Health or disability benefits

Life insurance payments from policy for person you depended on, needed for support

Unmatured life insurance contract, except credit insurance policy

Unmatured life insurance contract’s accrued dividend, interest or loan value to $8,000, if debtor owns contract & insured is either debtor or a person on whom debtor is dependent

33-23-21

33-6-28

38-10-4(j) (3)

38-10-4(k) (3)



38-10-4(g)


38-10-4(h)

MISC.

Alimony, child support needed for support

Property of business partnership

38-10-4(j) (4)


47-8A-25

PENSIONS

ERISA-qualified benefits needed for support

Public employees

Teachers

38-10-4(j) (5)


5-10-46

18-7A-30

PUBLIC BENEFITS

Aid to blind, aged, disabled, general assistance

Crime victims’ compensation

Social security

Unemployment compensation

Veterans’ benefits

Workers’ compensation

9-5-1

14-2A-24, 38-10-4(k) (1)

38-10-4(j) (1)

38-10-4(j) (1)

38-10-4(j) (2)

23-4-18

TOOLS OF TRADE

Implements, books & tools of trade to $1,500

38-10-4(f)

WAGES

80% of earned but unpaid wages; bankruptcy judge may authorize more for low-income debtors

38-5A-3

WILD CARD

$800 of any property

Unused portion of homestead or burial exemption, of any property

38-10-4(e)

38-10-4(e)