§1328(f) Refiling Bar in West Virginia

How 11 U.S.C. § 1328(f) applies in West Virginia — federal bankruptcy law, West Virginia district data.

What §1328(f) Refiling Bar Does

Under §1328(f), you cannot receive a Chapter 13 discharge if: (1) you received a Chapter 7, 11, or 12 discharge within 4 years, OR (2) you received a Chapter 13 discharge within 2 years. Case filed within the bar period can still proceed — but discharge will be denied.

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.

Check §1328(f) Refiling Bar against your case →

Related West Virginia Statutes

§1328(f) Refiling Bar in Other States