laz
10-13-2004, 11:58 AM
In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment.
The homestead of a debtor, his spouse, parent or other head of a household residing in the State of West Virginia, or the infant children of deceased or insane parents, is exempt up to the value of $25,000.
The personal property of a judgment debtor, up to the value of $1,000 may be exempt from execution or other process.
The working tools of a mechanic, artisan or laborer's trade or occupation may be exempt up to the value of $50.
In a bankruptcy proceeding, debtors who are domiciled in the State of West Virginia are not permitted to claim exemption of those property specified under the provisions of 11 U.S.C. 522(d). Instead, a debtor may claim exemption from property of the estate interest in real or personal property not to exceed $15,000 in value which are used:
as a residence by the debtor or his dependent or in a burial plot;
one motor vehicle not to exceed $2,400 in value;
household furnishings, goods, wearing apparel, appliances, books, animals, crops or musical instruments, that are held primarily for the personal, family or household use of the debtor or a dependent of the debtor not to exceed $400 in value in any particular item and not to exceed $8,000 in total value;
jewelry held primarily for personal, family or household use of the debtor or his dependent not to exceed $1,000 in value;
any property not to exceed $800 in value plus any unused amount unused as a household exemption (a) of §38-10-4;
any implements, professional books or tools of the trade not to exceed $1,500 in value;
any unmatured life insurance contract owned by the debtor other than a credit life insurance contract or any accrued dividend or interest under, or loan value of, any unmatured life insurance contract not to exceed $8,000 in value;
professionally prescribed health aids for the debtor or a dependent of the debtor;
social security benefit,
unemployment compensation or
local public assistance benefit,
veteran's benefit,
disability,
illness or unemployment benefit;
alimony, support or separate maintenance to the extent reasonably necessary for the support of the debtor or any dependent of the debtor;
limited payment under a stock bonus, pension, profit sharing, annuity or similar plan or contract on account of illness, disability, death, age or length of service, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor;
award under a crime victim's reparation law;
a payment on account of the wrongful death of an individual of whom the debtor was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor;
a payment under a life insurance contract that insured the life of an individual of whom the debtor was a dependent on the date of such individual's death, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor;
a payment, not to exceed $15,000 on account of personal bodily injury, not including pain and suffering or compensation for actual pecuniary loss, of the debtor or an individual of whom the debtor is a dependent;
a payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; and
payments made to the prepaid tuition trust fund on behalf of any beneficiary. (§38-10-4.)
The homestead of a debtor, his spouse, parent or other head of a household residing in the State of West Virginia, or the infant children of deceased or insane parents, is exempt up to the value of $25,000.
The personal property of a judgment debtor, up to the value of $1,000 may be exempt from execution or other process.
The working tools of a mechanic, artisan or laborer's trade or occupation may be exempt up to the value of $50.
In a bankruptcy proceeding, debtors who are domiciled in the State of West Virginia are not permitted to claim exemption of those property specified under the provisions of 11 U.S.C. 522(d). Instead, a debtor may claim exemption from property of the estate interest in real or personal property not to exceed $15,000 in value which are used:
as a residence by the debtor or his dependent or in a burial plot;
one motor vehicle not to exceed $2,400 in value;
household furnishings, goods, wearing apparel, appliances, books, animals, crops or musical instruments, that are held primarily for the personal, family or household use of the debtor or a dependent of the debtor not to exceed $400 in value in any particular item and not to exceed $8,000 in total value;
jewelry held primarily for personal, family or household use of the debtor or his dependent not to exceed $1,000 in value;
any property not to exceed $800 in value plus any unused amount unused as a household exemption (a) of §38-10-4;
any implements, professional books or tools of the trade not to exceed $1,500 in value;
any unmatured life insurance contract owned by the debtor other than a credit life insurance contract or any accrued dividend or interest under, or loan value of, any unmatured life insurance contract not to exceed $8,000 in value;
professionally prescribed health aids for the debtor or a dependent of the debtor;
social security benefit,
unemployment compensation or
local public assistance benefit,
veteran's benefit,
disability,
illness or unemployment benefit;
alimony, support or separate maintenance to the extent reasonably necessary for the support of the debtor or any dependent of the debtor;
limited payment under a stock bonus, pension, profit sharing, annuity or similar plan or contract on account of illness, disability, death, age or length of service, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor;
award under a crime victim's reparation law;
a payment on account of the wrongful death of an individual of whom the debtor was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor;
a payment under a life insurance contract that insured the life of an individual of whom the debtor was a dependent on the date of such individual's death, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor;
a payment, not to exceed $15,000 on account of personal bodily injury, not including pain and suffering or compensation for actual pecuniary loss, of the debtor or an individual of whom the debtor is a dependent;
a payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; and
payments made to the prepaid tuition trust fund on behalf of any beneficiary. (§38-10-4.)