Go To Credit Help Services Home Page
|
West Virginia State Bankruptcy Exemptions |
|
|
West Virginia State Bankruptcy Exemptions |
| ASSET | EXEMPTION | LAW PROVISION |
| Homestead | Real or personal property used as residence to $15,000; unused portion of homestead may be applied to any property |
38-10-4(a) |
| 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) |
| Miscellaneous |
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 |
| 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 |
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) |
| 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) |
Thursday January 12, 2006