109(g) Filing Bar in West Virginia

How 11 U.S.C. § 109(g) applies in West Virginia — federal bankruptcy law, West Virginia district data.

What 109(g) Filing Bar Does

If your prior bankruptcy was dismissed within the last 180 days for willful failure to appear or abide by court orders, or if you voluntarily dismissed after a motion for relief from stay, you cannot refile. This is a 180-day window — measured from the dismissal date, not the original filing date.

Key points:

West Virginia Bankruptcy Data (FJC)

7,115
Total filings
40.2%
Dismiss rate
1,528
Prior filers
42.8%
Prior discharge rate

Districts covered: N.D.W. Va., S.D.W. Va..

Apply This to Your Case

The rules above are federal — they apply identically in every state. What varies by state is exemptions (§522), median income thresholds (means test), and case-law interpretations of ambiguous terms. For a West Virginia-specific answer, check the screener or consult a local attorney.

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Related West Virginia Statutes

109(g) Filing Bar in Other States