The West Virginia Answer in One Paragraph
West 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 West Virginia-specific inputs drive the choice: (1) the West Virginia means test median of $53,196 for a 1-person household, (2) the West Virginia homestead exemption of $35,000, 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 West Virginia
Chapter 13 in West Virginia
West Virginia Means Test Thresholds (April 2026)
West Virginia's single-person median of $53,196 is below the national average. Most filers here clear Part 1 of the means test on income alone and qualify for Chapter 7 without running the full Part 2 expense deduction.
| Household Size | West Virginia Median Income |
|---|---|
| 1-person household | $53,200 |
| 2-person household | $69,200 |
| 3-person household | $80,900 |
| 4-person household | $94,200 |
| 5-person household | $102,100 |
| 6-person household | $110,100 |
For household sizes above 6, add $11,100 per additional member. Full details at the West Virginia means test calculator. For a general discussion, see our means test overview.
West Virginia Homestead Exemption and the Chapter Choice
West Virginia's homestead exemption protects $35,000 of primary-residence equity under W. Va. Code 38-10-4. 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.
West 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/west-virginia before assuming any specific asset is safe.
Homestead amount (West Virginia): $35,000. Statute: W. Va. Code 38-10-4.
West Virginia's Chapter 7 vs Chapter 13 Filing Mix
West Virginia follows the national pattern: 90.0% of its 60 consumer cases are Chapter 7, and 10.0% are Chapter 13. Most filers who qualify for Chapter 7 choose it, and Chapter 13 is reserved for filers who need to save a home from foreclosure or cannot pass the means test.
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 West Virginia's mix matches the economics of the typical filer's situation.
West Virginia Federal Court Data
Numbers below come from the Federal Judicial Center Integrated Database, covering 60 consumer bankruptcy cases filed in West Virginia's federal bankruptcy courts.
| Chapter | Cases Filed | Discharge Rate (resolved) |
|---|---|---|
| Chapter 7 | 54 | 98.1% |
| Chapter 13 | 6 | n/a |
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 West Virginia Filer?
- If your income is below the West Virginia median ($53,196, 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 West 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 West Virginia: if you qualify for Chapter 7 on the means test AND your home equity is within the $35,000 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 West Virginia?
For most West 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 West Virginia?
There is no hard dollar limit. The means test compares your 6-month average income (annualized) to the West Virginia median for your household size. One person: $53,196. Four person: $94,200. Above-median filers can still qualify by running Part 2 expense deductions.
Can I use federal bankruptcy exemptions in West Virginia?
No. West Virginia opted out of the federal bankruptcy exemption scheme. Filers must use state exemptions exclusively.
How much home equity is protected in West Virginia bankruptcy?
West Virginia's homestead exemption protects $35,000 under W. Va. Code 38-10-4. 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 West Virginia?
Chapter 7 takes 3 to 4 months from filing to discharge in West 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 West Virginia?
Yes. Under 11 U.S.C. Section 1307(a), a Chapter 13 debtor in West 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 West 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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