Filing Bankruptcy in Virginia: Means Test, Exemptions and Courts

Virginia has 2 federal bankruptcy court districts, each with its own U.S. Bankruptcy Court: Eastern District of Virginia (https://www.vaeb.uscourts.gov/); Western District of Virginia (https://www.vawb.uscourts.gov/).

Median family income for Virginia: 1 person $78,491; 2 people $101,171; 3 people $123,159; 4 people $144,826; add $11,100 for each additional person beyond 4. These figures apply to bankruptcy cases filed on or after July 15, 2026.

Virginia has opted out of the federal bankruptcy exemptions. A person filing bankruptcy may not use the federal exemption list in 11 U.S.C. 522(d), except as Virginia's exemption title expressly allows, so Virginia filers use Virginia's state exemptions.

A householder may exempt real or personal property used as the principal residence of the householder or the householder's dependents, up to $50,000 in value. This is in addition to the $5,000 (or $10,000 if 65 or older) exemption in any property the householder chooses. The statute does not set an acreage limit.

Motor vehicles owned by the householder up to a total of $10,000 in value. A perfected security interest (such as a car loan lien) has priority over the exemption. A vehicle necessary for the householder's occupation or trade can instead fall under the separate $10,000 tools-of-the-trade exemption, but a vehicle used only to commute does not qualify for that one.

A householder may exempt any real or personal property the householder selects, including money and debts owed to the householder, up to $5,000 in value, or up to $10,000 if the householder is 65 or older. A householder who supports dependents may exempt an additional $500 in value for each dependent.

An individual's interest in a retirement plan (plans, accounts or arrangements intended to qualify under Internal Revenue Code sections 401, 403(a), 403(b), 408, 408A, 409 or 457, which includes 401(k)s, 403(b)s and IRAs) is exempt from creditor process to the same extent federal bankruptcy law allows for that plan. The exemption does not apply to claims by an alternate payee or to enforcement of child or spousal support.

Virginia's wage exemption limits garnishment of disposable earnings for a workweek to the lesser of 25% of disposable earnings or the amount by which weekly disposable earnings exceed 40 times the federal or Virginia minimum hourly wage, whichever wage is greater. The statute appears in the chapter titled "Wages Exempt" and is written as a garnishment limit.

Eastern District of Virginia: the court's "Filing without an Attorney (Pro Se)" page explains that only individuals (including married couples) may file without a lawyer, that pro se debtors must follow the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure and the court's Local Rules, and that failing to complete credit counseling within 180 days before filing will lead to dismissal under Local Bankruptcy Rule 1007-1. It links to the court's Filing Requirements, U.S. Courts forms (Official Form 101) and credit counseling and debtor education resources, and has a section for creditors without a lawyer. Western District of Virginia: the "Filing Without an Attorney" page warns that filing without a lawyer is difficult, points individual debtors to the court's eSR (Electronic Self-Representation) tool to prepare a petition electronically, lists credit counseling and schedule requirements, offers Debtor Electronic Bankruptcy Noticing (DeBN) to get court notices by email, and explains limits on bankruptcy petition preparers.

Eastern District of Virginia: the Clerk's Adjustment of Dollar Amounts statement lists Local Rule 2016-1(C), Debtor's Attorney in Chapter 13 Case, effective January 1, 2026, as providing that the "no-look" fee "shall not exceed $6,817." Western District of Virginia: Standing Order No. 22-001 (fees for debtor's counsel in chapter 13 cases; applies to cases filed on or after February 15, 2022) provides that if the initial fee for routine, expected services does not exceed $4,750.00 in a non-business consumer chapter 13 case, or $5,750.00 in a business-related chapter 13 case, a formal application for approval and payment of the unpaid amount through the plan may not be required, provided the fee is clearly set out in the plan, is consistent with the Rule 2016 disclosure, and does not exceed the reasonable value of actual services. The amount includes routine costs (copying, postage, communication) but not filing fees or outside costs such as credit reports, credit counseling and debtor education. The order states it does not authorize payment of the fee without court approval.