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West Virginia Bankruptcy
Bankruptcy laws and resources vary from state to state. The following page provides information and resource links for the state of West Virginia.
If you are not looking for information regarding West Virginia, please use the links on the right to find information for your state.
- Courts - Location and Contact Information
- Bankruptcy Laws
- Approved Credit Counseling/Debtor Education Agencies
- West Virginia Attorneys
- Other Bankruptcy West Virginia Resources
West Virginia Bankruptcy Courts - Location & Contact Information
West Virginia bankruptcy courts are divided into two districts, which are further divided into several divisions. Generally, the debtor’s county of residence will determine which district and division the bankruptcy petition is filed. It may also be determined by the location of the debtor’s principal place of business or principal assets.
NORTHERN DISTRICT OF WEST VIRGINIA
COUNTIES OF JURISDICTION:Clarksburg Division – Braxton, Calhoun, Doddridge, Gilmer, Harrison, Lewis, Marion, Monongalia, Pleasants, Ritchie, Taylor and Tyler Counties
Elkins Division – Barbour, Grant, Hardy, Mineral, Pendleton, Pocahontas, Preston, Randolph, Tucker, Upshur and Webster Counties
Martinsburg Division – Berkeley, Hampshire, Jefferson and Morgan Counties
Wheeling Division – Brooke, Hancock, Marshall, Ohio and Wetzell Counties
| DIVISION | STREET ADDRESS | MAILING ADDRESS | TELEPHONE |
| Clarksburg Division |
U.S. Bankruptcy Court 324 Main Street PO Box 2506 Clarksburg, WV 26302 |
Same | (304) 623-7866 |
| Elkins Division |
This divisional office is unstaffed. Refer to the Clarksburg and Wheeling Divisions for contact information. | ||
| Martinsburg Division |
This divisional office is unstaffed. Refer to the Clarksburg and Wheeling Divisions for contact information. | ||
| Wheeling Division (Main Office) |
U.S. Bankruptcy Court 1125 Chapline St. PO Box 70 Wheeling, WV 26003 |
Same |
(304) 233-1655 |
SOUTHERN DISTRICT OF WEST VIRGINIA
COUNTIES OF JURISDICTION:Beckley Division - Fayette, Greenbrier, Raleigh, Summers and Wyoming Counties
Bluefield Division - Mercer, McDowell and Monroe Counties
Charleston Division - Boone, Clay, Jackson, Kanawha, Lincoln, Logan, Mingo, Nicholas, Putna, and Roane Counties
Huntington Division - Cabell, Mason and Wayne Counties
Parkersburg Division - Wirt and Wood Counties
| DIVISION | STREET ADDRESS | MAILING ADDRESS | TELEPHONE |
| Beckley Division |
U.S. Bankruptcy Court 110 N. Heber Street Room 271 Beckley, WV 25801 |
Same |
(304) 253-7402 |
| Bluefield Division |
U.S. Bankruptcy Court 601 Federal Street Bluefield, WV 24701 |
Same | (304) 327-9798 |
| Charleston Division |
U.S. Bankruptcy Court 300 Virginia Street East Room 3200 Charleston, WV 25301 |
Same |
(304) 347-3003 |
| Huntington Division |
U.S. Bankruptcy Court Sidney L. Christie Federal Building 845 Fifth Avenue Huntington, WV 25701 |
Same | (304) 529-5588 |
| Parkersburg Division |
U.S. Bankruptcy Court 425 Juliana Street Parkersburg, WV 26101 |
Same | (304) 420-6490 |
West Virginia Bankruptcy Laws and Exemptions
West Virginia Exemptions
The U.S. Bankruptcy Code allows individual debtors to exempt certain property from creditor claims based on exemptions under either federal law or state law. Exemptions vary from state to state. Some states have adopted their own set of bankruptcy exemptions that are used in place of the federal exemptions. However, other states give debtors an option to choose between either state or federal exemptions.
For West Virginia bankruptcy filings, state exemptions are used.
Following are common state exemptions in West Virginia:
| Homestead | Real property or personal property not to exceed $25,000 in value |
| Automobile | One motor vehicle not to exceed $2,400 in value |
| Household Goods |
Household furnishings, household goods, wearing apparel, appliances, books, animals, crops or musical instruments not exceeding the aggregate value of $8,000 and not to exceed $400 in value in any particular item |
| Books & Art Objects | See "Household Goods" |
| Wearing Apparel |
See "Household Goods" |
| Furs & Jewelry | Up to $1,000 |
| Tools of the Trade | Implements, professional books or tools of the trade not exceeding the aggregate value of $1,500 |
| Other | Professionally prescribed health aids |
Click here to read the text of bankruptcy exemptions pursuant to West Virginia Code Section 38-10-4.
Contact a West Virginia bankruptcy lawyer for more information regarding West Virginia bankruptcy exemptions.
West Virginia Means Test
The new bankruptcy laws enacted in 2005 also require that debtors pass a means test before filing a Chapter 7 bankruptcy. There are two ways to pass the means test:
1. the debtor's annual income (calculated using the average gross income for the six month period prior to filing) must be below the state median. Census Bureau statistics for state median income by family size can be found here.
2. If income exceeds the median income, individuals may still file Chapter 7 bankruptcy based on results ofForm 22A: Chapter 7 Statement of Current Monthly Income and Means-Test Calculation.
West Virginia Credit Counseling & Debtor Education Agencies
Pursuant to the new bankruptcy laws enacted in 2005, individuals who file personal bankruptcy (with limited exceptions) in West Virginia must:
1. take a credit counseling course from an approved West Virginia credit counseling provider within six months before filing bankruptcy; and
2. complete a debtor education course from an approved West Virginia debtor education agency prior to receiving a bankruptcy discharge.
West Virginia Personal Bankruptcy Attorneys
To find West Virginia bankruptcy lawyers in your area, you may want to contact your local county bar association or the West Virginia State Bar Association:
West Virginia State Bar Association
2006 Kanawha Boulevard East
Charleston, WV 25311-2204
Telephone:(304) 558-2456
Toll Free: (866) 989-8227
Based on income, free bankruptcy advice and representation may also be obtained from the following organizations: See the Legal Aid of West Virginia's directory for a list of organizations that provide legal services to low income clients in West Virginia.
If you are concerned about the representation provided to you by a West Virginia bankruptcy attorney, visit the West Virginia State Bar Association's "Office of Disciplinary Counsel" page for information regarding how to file a complaint.
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Resources for West Virginia Bankruptcy Laws
U.S. Bankruptcy Court for the Northern District of West Virginia - administrative and procedural information for Northern District of West Virginia bankruptcy filings
U.S. Bankruptcy Court for the Southern District of West Virginia - administrative and procedural information for Southern District of West Virginia bankruptcy filings
Office of the U.S. Trustee for Region 4 - oversees the administration of West Virginia personal bankruptcy cases and case trustees
West Virginia State Bar Association - information about the West Virginia bar, membership, ethics, continuing legal education, and resources for the public.
       
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