This list of exemptions updated January 2009. All law references are to West Virginia Code unless otherwise noted. Federal bankruptcy exemptions are not available in West Virginia.

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.

 

Other - Add any applicable Federal Nonbankruptcy Exemptions