Filing Bankruptcy in West Virginia: Means Test, Exemptions and Courts

West Virginia has 2 federal bankruptcy court districts, each with its own U.S. Bankruptcy Court: Northern District of West Virginia (https://www.wvnb.uscourts.gov/); Southern District of West Virginia (https://www.wvsb.uscourts.gov/).

Median family income for West Virginia: 1 person $63,908; 2 people $68,592; 3 people $92,050; 4 people $93,672; add $11,100 for each additional person beyond 4. These figures apply to bankruptcy cases filed on or after July 15, 2026.

West Virginia has its own list of exemptions that apply specifically in bankruptcy. The same statute also says that an individual debtor domiciled in West Virginia may exempt the property listed in the federal exemptions (11 U.S.C. 522(d)), "solely for the purpose of applying" 11 U.S.C. 522(b)(2) and only to the extent federal law otherwise allows.

In bankruptcy, a debtor may exempt up to $35,000 of interest in real or personal property that the debtor or a dependent uses as a residence (including a cooperative), or in a burial plot. A licensed physician who files bankruptcy partly because of a medical malpractice verdict or judgment, and who carries malpractice insurance of at least $1 million per occurrence, may exempt more than $35,000, up to $250,000 per household. The statute sets no acreage limit.

In bankruptcy, a debtor may exempt up to $7,500 of interest in one motor vehicle.

A debtor may exempt up to $800 of interest in any property, plus any unused amount of the $35,000 residence exemption.

A debtor may exempt the right to receive payments under a stock bonus, pension, profit-sharing, annuity or similar plan on account of illness, disability, death, age or length of service, to the extent reasonably necessary to support the debtor and dependents, and funds in an individual retirement account, including a simplified employee pension (SEP), regardless of the amount. The statute lists exceptions, including plans set up by an insider employer and IRA amounts subject to the federal excise tax on excess contributions.

Northern District of West Virginia: the court's "Filing Without an Attorney" page links to eSR (Electronic Self-Representation), an online Chapter 7 petition preparation system, and to pro se e-filing and electronic service instructions and registration. It reminds filers that the official bankruptcy forms are mandatory, that only the last four digits of a Social Security number go on the petition (the full number goes on Official Form 21), that anyone other than an attorney who helps prepare the forms must be disclosed, and that the Clerk's Office cannot give legal advice. Southern District of West Virginia: the "Filing Without an Attorney (pro se)" page strongly recommends hiring an attorney, points to Form B200 for the list of required documents, the filing fee and the official forms, explains the same Social Security number and preparer rules, and links to the court's eSR Chapter 7 system, its Pro Se Guidelines (dated 12.2025) and a court announcement about artificial intelligence.