West Virginia Bankruptcy Exemptions

Debtor’s interest in real or personal property, including a cooperative, used as a residence by debtor or a dependent, or in a burial plot

$25000 ($250,000 for certain physicians)

W. Va. Code § 38-10-4(a)

One motor vehicle

$2,400

W. Va. Code § 38-10-4(b)

One motor vehicle

$5,000

W. Va. Code § 38-8-1(a)(1)

Any property of debtor

$800 plus any unused portion of the residence exemption under WVC § 30-10-4(a) above

W. Va. Code § 38-10-4(e)

Wages

80% (earned, but unpaid wages)

W. Va. Code § 38-5A-3

Funds in federally-insured financial institution, wages or salary

$1,000 or 125% of amt. of annualized federal poverty level of debtor’s household divided by no. of debtor’s yearly pay periods, WHICHEVER IS GREATER.

W. Va. Code § 38-8-1(a)(4)

Payments under life insurance contract insuring life of an individual of whom the debtor was a dependent on the date of death

Amount reasonably necessary to support debtor & dependents

W. Va. Code § 38-10-4(k)(3)

Accrued interest or dividends or loan value of unmeasured life insurance contract owned by debtor wherein the insured is the debtor or a person of whom the debtor is a dependent

$8,000 less any transfers made under nonforfeiture provisions in policy

W. Va. Code § 38-10-4(h)

Any unmeasured life insurance contract owned by debtor other than credit life insurance

100%

W. Va. Code § 38-10-4(g)

Fraternal Benefit Society benefits

100%

W. Va. Code § 33-23-21

Group life insurance proceeds

100%

W. Va. Code § 33-6-28

Proceeds & avails of life insurance policies wherein the beneficiary is a person other than the insured or the person affecting the policy

100%

W. Va. Code § 33-6-27

Household furnishings & goods, wearing apparel, appliances, books, animals, crops or musical instruments, that are held primarily for the, personal family or household use of debtor or a dependent

$400 per item $8,000 aggregate

W. Va. Code § 38-10-4(c)

Household goods, furniture, toys, animals, appliances, books and wearing apparel

$8,000

W. Va. Code § 38-8-1(a)(2)

Payments in compensation of loss of future earnings of debtor or an individual of whom the debtor was a dependent

Amount reasonably necessary to support debtor & dependents

W. Va. Code § 38-10-4(k)(5)

Payments on account of personal bodily injury, not including pain & suffering or compensation for actual pecuniary loss, of debtor or an individual of whom the debtor is a dependent

$15,000

W. Va. Code § 38-10-4(k)(4)

Payments on account of the wrongful death of an individual of whom the debtor was a dependent

Amount reasonably necessary to support debtor & dependents

W. Va. Code § 38-10-4(k)(2)

Professionally prescribed health aids of debtor or dependents

100%

W. Va. Code § 38-10-4(i)

Jewelry held primarily for personal, family or household use of debtor or a dependent

$1,000

W. Va. Code § 38-10-4(d)

Public employees retirement benefits

100% (except QDROs)

W. Va. Code § 5-10-46

Judges' retirement benefits

100% (except QDROs)

W. Va. Code § 51-9-14

Funds in Individual Retirement Accounts

100% of qualified amounts

W. Va. Code §§ 38-8-1(a)(5), 38-10-4(j)(5)

Retirement funds-Department of Public Safety

100%

W. Va. Code § 15-2-26

Payments under stock bonus, pension profit-sharing, annuity, or similar plan or contract on account of illness, disability, death, or age or length of service, and funds in IRAs & SEPs

amount reasonably necessary for support of debtor & dependents plus amounts in IRAs that are tax-deferred.

W. Va. Code § 38-10-4(j)(5)

Teachers retirement benefits

100% (except QDROs)

W. Va. Code § 18-7A-30

Implements, professional books or tools of trade of debtor or a dependent

$1,500

W. Va. Code § 38-10-4(f)

Implements, professional books or tools of trade

$3,000

W. Va. Code § 38-8-1(a)(3)

Public welfare assistance payments

100%

W. Va. Code § 9-5-1

Unemployment compensation benefits

100% (certain claims excepted)

W. Va. Code § 21A-10-2

Workmen's compensation benefits

100%

W. Va. Code § 23-4-18

Crime victim’s reparation law awards

100%

W. Va. Code § 38-10-4(k)(1)

Social Security benefits, unemployment compensation, local public assistance benefits, veterans benefits & disability, illness or unemployment benefits

100%

W. Va. Code § 38-10-4(j)(1), (2) & (3)

Specific partnership property

100% of partner's interest

W. Va. Code § 47B-2-3

Alimony, support or separate maintenance

amount reasonably necessary for support of debtor & dependents

W. Va. Code § 38-10-4(j)(4)

Unripe crops

100% (until mature)

W. Va. Code § 38-8-14

Homestead of resident head of household

$5,000

W. Va. Code § 38-9-1

Payments made to prepaid tuition trust fund

100%

W. Va. Code § 38-10-4(k)(6)