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    Virginia

    In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding. Virginia permits every householder exemption
    of:

    real property (homestead) from creditor process arising out of a debt, an amount up to $5,000.00 in value,
    an additional $500 in value for each dependent. (VA Code 34-4.)
    Additional property for a disabled veteran, $2,000.
    In addition, Virginia provides certain enumerated poor debtor's exemption. Some of these exemptions include:

    the family Bible,
    unused homestead, $5,000;
    wedding and engagement rings, family portraits and heirlooms not to exceed $5,000.00 in value,
    burial ground,
    wearing apparel, $1,000;
    household furniture and furnishings, not to exceed $5,000 in value. (VA Code 34-26.);
    tools of trade, books, machinery, motor vehicles, $10,000;
    motor vehicle for household use, $2,000;
    Farmer's equipment, $4,000;
    exempt property of decedent, $15,000;
    homestead allowance for surviving spouse, $15,000;
    Court award or settlement proceeds from personal injury or wrongful death actions generally are also exempt. (VA Code 34-28.1.)
    www.BankruptcyForum.com

    #2
    You Must File A Homestead Deed!!!!

    Don't do just read this generic list for exemptions for Virginia and do what I did. I did an online BK7. No where did it mention a homestead deed. You have up until 5 days after the 341 mtg. to file one IF you want to exempt the $5K equity you are allowed in Virginia. This form is not in the standard bankruptcy forms package, it is a separate form. You have to go to the county clek (or city clerk) and file it with $23 fee (I think it's $23). But the real bad thing is IF you don't file the homestead deed at all or on time, the trustee will no doubt file a motion of objection to the exemption and ultimately try to sell your home and take all your equity and leave your homless. YOUR ONLY WAY TO AVOID THIS problem at that point is to convert your 7 to a 13......Good luck.

    I messed up on my Chap7, but any of you pro se debtors please learn from my mistake and please don't repeat it.

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