Bankruptcy in West Virginia

Filing Bankruptcy in West Virginia

West Virginia requires filers to use state exemptions only. You cannot choose the federal exemption schedule. This means your homestead exemption is $25,000, which determines how much equity in your home is protected from creditors.

Homestead Exemption: $25,000

The homestead exemption protects equity in your primary residence during bankruptcy. In West Virginia, you can protect up to $25,000 of equity in your primary residence. If your home equity exceeds this amount, a Chapter 7 trustee could force a sale — making Chapter 13 (which lets you keep your home while repaying over 3-5 years) a safer option for homeowners with significant equity.

After Discharge: Rebuilding Credit in West Virginia

Once your bankruptcy is discharged, the rebuild process is the same regardless of state. Open a secured credit card (the Discover it Secured is the best option with $0 fee and Cashback Match), keep utilization below 10%, and add a credit-builder loan within 6 months.

If you plan to form a business after bankruptcy, West Virginia's LLC filing fee is $100 through the Secretary of State at sos.wv.gov. You can begin building business credit immediately after discharge — bankruptcy only affects your personal credit file, not your new LLC's business credit profile.