§522 Bankruptcy Exemptions in West Virginia

How 11 U.S.C. § 522 applies in West Virginia — federal bankruptcy law, West Virginia district data.

What §522 Bankruptcy Exemptions Does

Exemptions protect specific property from liquidation. Some states allow debtors to choose between federal and state exemption schedules; others require state schedules. The exemptions available to you depend on your state of residence during the 730 days (2 years) before filing.

Key points:

Homestead, motor vehicle, household goods, retirement accounts are typical categories
Federal exemption set (§522(d)) available only in opt-out states
State-specific dollar amounts vary dramatically (homestead: $5,000 in some states, unlimited in others)
§522(f) — lien avoidance on exempt property for judicial liens and some non-PMSIs

West Virginia Bankruptcy Data (FJC)

7,115

Total filings

40.2%

Dismiss rate

1,528

Prior filers

42.8%

Prior discharge rate

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.

What §522 Bankruptcy Exemptions Does

West Virginia Bankruptcy Data (FJC)

Apply This to Your Case

Related West Virginia Statutes

§522 Bankruptcy Exemptions in Other States