The Virginia Answer in One Paragraph
Virginia filers choose between Chapter 7 (liquidation, 3-4 months, strong discharge rate) and Chapter 13 (3-5 year repayment plan, better for saving a home from foreclosure or for filers above the means test). Three Virginia-specific inputs drive the choice: (1) the Virginia means test median of $84,396 for a 1-person household, (2) the Virginia homestead exemption of $25,000 ($50,000 elderly/disabled), and (3) the local filing mix and outcome data below. Everything else on this page is elaboration on those three factors.
Quick Side-by-Side
Chapter 7 in Virginia
Chapter 13 in Virginia
Virginia Means Test Thresholds (April 2026)
Virginia's single-person median of $84,396 is well above the national average. A larger share of would-be filers here land above the means test threshold on Part 1, which pushes them into Part 2 expense calculations or away from Chapter 7 entirely.
| Household Size | Virginia Median Income |
|---|---|
| 1-person household | $84,400 |
| 2-person household | $109,700 |
| 3-person household | $128,300 |
| 4-person household | $149,400 |
| 5-person household | $162,000 |
| 6-person household | $174,700 |
For household sizes above 6, add $11,100 per additional member. Full details at the Virginia means test calculator. For a general discussion, see our means test overview.
Virginia Homestead Exemption and the Chapter Choice
Virginia's homestead exemption protects $25,000 ($50,000 elderly/disabled) of primary-residence equity under Va. Code 34-4. If your home equity is below that amount, Chapter 7 can usually wipe out your unsecured debt without putting the home at risk. If your equity exceeds the exemption, Chapter 13 is typically the right tool to keep the home while cramming down or curing mortgage arrears over 3-5 years.
Virginia is a state-exemptions-only jurisdiction. The federal exemption scheme under 11 U.S.C. Section 522(d) is not available. Review the full exemption list at bankruptcyexemptionsbystate.com/virginia before assuming any specific asset is safe.
Homestead amount (Virginia): $25,000 ($50,000 elderly/disabled). Statute: Va. Code 34-4.
Virginia's Chapter 7 vs Chapter 13 Filing Mix
Virginia's Ch. 7/13 mix is roughly balanced: 48.3% Chapter 7 vs 51.7% Chapter 13 across 1,064 cases. This is more Chapter 13-heavy than the national average. Ask your attorney to explain why your facts fit Chapter 13 better than Chapter 7 before committing to a 3-5 year plan.
Why does filing mix matter? Attorney fee structures often favor Chapter 13 (paid through the plan rather than up-front), which can produce local-market bias toward Chapter 13 that is not driven by individual debtor facts. FJC data lets you see whether Virginia's mix matches the economics of the typical filer's situation.
Virginia Federal Court Data
Numbers below come from the Federal Judicial Center Integrated Database, covering 1,064 consumer bankruptcy cases filed in Virginia's federal bankruptcy courts.
| Chapter | Cases Filed | Discharge Rate (resolved) |
|---|---|---|
| Chapter 7 | 514 | n/a |
| Chapter 13 | 550 | 71.2% |
National-average completion rates apply: Chapter 7 discharges over 93% of the time, Chapter 13 about 40-50% (the remainder dismissed before plan completion).
Which Chapter Fits Which Virginia Filer?
- If your income is below the Virginia median ($84,396, 1-person) and you own little non-exempt property: Chapter 7 is almost certainly the right choice. Fast, cheap, and the highest discharge rate in consumer bankruptcy.
- If you are behind on your mortgage or car loan and want to keep the collateral: Chapter 13 lets you cure arrears over 36 to 60 months while the automatic stay blocks foreclosure and repossession.
- If you have high home equity and Virginia caps the homestead exemption: run the numbers on Chapter 13 cramdown, lien stripping (for wholly underwater junior liens), and the federal BAPCPA homestead cap before assuming Chapter 7 is safe.
- If you have filed before within the lookback windows: use the 1328(f) discharge screener first -- a prior Chapter 7 discharge bars another Chapter 7 for 8 years, and a prior Chapter 13 discharge bars another Chapter 13 for 2 years.
Rule of thumb for Virginia: if you qualify for Chapter 7 on the means test AND your home equity is within the $25,000 ($50,000 elderly/disabled) homestead, Chapter 7 is almost always the right choice. Chapter 13 is the right answer when specific facts (arrears, non-exempt equity, prior Chapter 7 within 8 years) rule Chapter 7 out.
Frequently Asked Questions
Is Chapter 7 or Chapter 13 better in Virginia?
For most Virginia filers who pass the means test, Chapter 7 is faster, cheaper, and succeeds more often. Chapter 13 is the right choice if you need to save a home from foreclosure, cure arrears, catch up on priority taxes, or cannot qualify for Chapter 7.
What is the Chapter 7 income limit in Virginia?
There is no hard dollar limit. The means test compares your 6-month average income (annualized) to the Virginia median for your household size. One person: $84,396. Four person: $149,400. Above-median filers can still qualify by running Part 2 expense deductions.
Can I use federal bankruptcy exemptions in Virginia?
No. Virginia opted out of the federal bankruptcy exemption scheme. Filers must use state exemptions exclusively.
How much home equity is protected in Virginia bankruptcy?
Virginia's homestead exemption protects $25,000 ($50,000 elderly/disabled) under Va. Code 34-4. Federal BAPCPA limits (11 U.S.C. Section 522(p)) can cap this at approximately $214,000 for a residence acquired within 1,215 days of filing.
How long does bankruptcy take in Virginia?
Chapter 7 takes 3 to 4 months from filing to discharge in Virginia federal bankruptcy court. Chapter 13 takes 3 years (below-median) or 5 years (above-median) of monthly plan payments before discharge.
Can I switch from Chapter 13 to Chapter 7 in Virginia?
Yes. Under 11 U.S.C. Section 1307(a), a Chapter 13 debtor in Virginia generally has the right to convert to Chapter 7 at any time, as long as the case was not previously converted from Chapter 7. You must still pass the means test at the time of conversion.
Related Virginia Resources
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Last updated: 2026-04-18. Not legal advice. Statutory homestead and median-income figures are reproduced from public sources and may lag statutory amendments -- verify against current state statute before relying.
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