West Virginia Bankruptcy

Bankruptcy is a process where individuals and businesses facing insolvency seek legal protection regarding assets and for structured debt resolution. It is a federal process, although residents in West Virginia apply the state’s exemption system. This determines what assets may be protected rather than what applies in the federal bankruptcy exemption list under 11 U.S.C. § 522(d). Residents generally must use the West Virginia exemptions, although federal non-bankruptcy protections such as social security or veterans’ benefits still apply.

How to File Bankruptcy in West Virginia

To ensure that you stay organized and compliant during the bankruptcy process, a series of steps are required. You may initiate the process by undertaking a credit counseling course within 180 days before filing. This is usually available with a state-approved provider. Immediately after you complete the filing process, you must enroll and complete a debtor education course.

The court may demand certain relevant documents such as tax returns (two years), six months of income/pay stubs, bank statements, a complete list of assets and debts, deeds, titles, and any lawsuits or garnishments. Choose the chapter you wish to file under; you may select Chapters 7, 13, and 11 based on your financial situation. Your assets may be liquidated; the court may provide options to reorganize the debt or plan a payment structure. Individuals filing petitions and schedules are to do that through the appropriate district court. Attorneys may file bankruptcy cases electronically, and pro se litigants may find filing instructions by contacting the clerk. A filing fee is required for each case type. Individuals are required to pay the filing fee ($338 for Ch. 7 and $313 for Ch. 13). Alternatively, you may request an installment payment or fee waiver if eligible.

Also, when attending the § 341 meeting of creditors, you must come along with a photo ID and any documents requested by the trustee. You may be asked certain questions by the trustee to clarify your financial situation. To facilitate the discharge of your case, you must respond to trustee or court notices. In addition, the court requires that you attend a post-filing debtor education course until your case is resolved.

West Virginia Bankruptcy Types

Chapter 7 (liquidation)

In a chapter 7 filing, a trustee has the authority to sell non-exempt assets to satisfy outstanding debts. Due to West Virginia’s modest exemption limits, the pre-filing process may help individuals make informed decisions regarding asset protection.

Chapter 13 (repayment)

This is a repayment plan that offers a structured method for debtors to address outstanding obligations. This repayment plan may span 3 to 5 years while allowing you to maintain ownership of key assets.

Chapter 11 (reorganization)

This chapter provides a flexible framework for businesses and individuals with substantial debt to reorganize their financial affairs while continuing operations. It supports long-term viability and quick debt recovery.

Steps in Filing for Bankruptcy in West Virginia

• Complete a credit counseling course
• Gather financial documents
• Choose Chapter 7, 13, or 11 and apply state exemptions
• File petition and schedules in the appropriate district
• Pay filing fee or request relief
• Attend the 341 meeting
• Complete debtor education course
• Attend to trustee or court requests until the case is discharged or repayment plan is complete.

West Virginia Bankruptcy Courts & Record Access

West Virginia maintains two districts in which residents may file for bankruptcy and then apply the state’s exemption laws.

Court Location

TheNorthern District of West Virginiaoperates from both the Clarksburg and Wheeling Divisions. The addresses of both courts are as follows:

The Clarksburg Division

Wheeling Division

TheSouthern District of West Virginia holds hearings in the Bluefield and Beckley divisions. It also houses the clerk's office in Charleston. The clerk's office is open from 9:00 a.m. to 4:00 p.m. and may be contacted at the following address:

In the Bluefield & Beckley Divisions, hearings are held as scheduled and filings processed through the Charleston Clerk’s Office.

Record Access

Federal court records are accessible online through PACER and PACER Case Locator. These platforms provide detailed access to dockets and filings nationwide. To obtain up-to-date information on case details at no cost, individuals may use the Multi-Court Voice Case Information System(McVCIS). Through this platform, interested persons have access to reliable information. Although this is a call-based option, it allows residents to stay informed on the status of a bankruptcy case. Individuals may dial 866 (222)-8029 to track case status.