Property & exemptions
West Virginia bankruptcy exemptions
Selected key West Virginia exemptions — the homestead, vehicle, wildcard categories below are quoted from the statute that states them. This is not a complete list of everything West Virginia protects.
Which exemption list applies in West Virginia
Not published yet. Whether West Virginia lets you choose the federal exemptions under 11 U.S.C. § 522(d), or limits you to West Virginia law, is the fact that decides which list applies to everything you own — so we are not going to guess at it here.
This page is still being completed
West Virginia has an open completeness question awaiting verification. We show what has been verified rather than filling the gap with something we have not checked — but treat what follows as partial.
Homestead — your home
- Federal residence, cooperative, or burial-plot exemption$31,575
Applies to a qualifying residence, cooperative, or burial plot. Section 522(p) is a distinct state-law homestead limitation and is not applied to this federal-election row.
11 U.S.C. § 522(d)(1); 90 Fed. Reg. 8941, corrected at 90 Fed. Reg. 10643
Motor vehicle
- Federal one-motor-vehicle exemption$5,025
Applies to the debtor's interest in one motor vehicle.
11 U.S.C. § 522(d)(2); 90 Fed. Reg. 8941, corrected at 90 Fed. Reg. 10643
Wildcard and general personal property
- Federal wildcard exemptionNo single dollar figure — see the rule
The available amount is $1,675 plus the unused portion of § 522(d)(1), capped at an additional $15,800. It is not an unconditional $17,475 exemption.
11 U.S.C. § 522(d)(5); 90 Fed. Reg. 8941, corrected at 90 Fed. Reg. 10643
What these amounts do and do not mean
- An exemption protects your EQUITY — what the property is worth beyond what you still owe on it — not the item’s sticker price.
- More than one amount can apply in the same category. Where that is true the entries below are listed separately with the condition that selects each one; we do not pick for you.
- Federal limits can still apply on top of state law. 11 U.S.C. § 522(p) and (q) can cap a homestead claim for someone who moved recently or in specific circumstances.
- Which set of exemptions you may use depends on where you were domiciled during the period 11 U.S.C. § 522(b)(3)(A) measures, which is not always the state you live in today.
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