BANKRUPTCY: How to File Courts Forms Means Test Exemptions Lawyers

Bankruptcy Court Information For Kanawha County, WV

Saint Albans, West Virginia 25177

Residents of Kanawha County, West Virginia file bankruptcy in West Virginia Southern District Bankruptcy Court

5 courthouses serve the West Virginia Southern District Bankruptcy Court.

Kanawha County is served by the Federal Courthouse at Charleston, WV
300 Virginia Street East, Room 2400 Charleston, WV 25301. (304) 347-3003

Three Kinds of Information You Will Need from the Court

(Note: Court websites change often and links go out of date. If a link does not work, go to the home page for the court and look for the materials from there.)

Official Website of the
West Virginia Southern District Bankruptcy Court

Official Court Website

* Home page

What you'll find there

You'll need to file your papers with one of the courthouses that serve the West Virginia Southern District Bankruptcy Court.

Pre-COVID, you had to go to court, in person, at least once to meet with the bankruptcy trustee for your 341 hearing. During the Coronavirus pandemic, those meetings were typically done by phone or zoom. A few courts may still allow that.

Where To Start

Before you file, there are three kinds of information you'll need to get from the court's website:

1. Info on Filing Without an Attorney

Court "Pro Se" Info

Information specific to your district

You'll need information specifically about your particular court's procedures.

Fortunately, the West Virginia Southern District Bankruptcy Court offers information specifically designed for people filing without an attorney. Virtually all courts link to the generic national information mentioned above. The West Virginia Southern District Bankruptcy Court offers specific guidance about local procedures.

General information about how to file

If you're new to the bankruptcy process, the website of the US Courts Adminstrative Office now offers a basic orentation page for those filing bankruptcy without an attorney. The information inlcudes a Bankruptcy Basics video in English Spanish and Creole. The half hour video is split into chapters so you can go back and review parts that went by too fast the first time.

2. Local Rules

Local Rules - WVS

Each court has its own rules about filing procedure, how to list creditor's names and addresses, and they tend to be fussy about it.

You must comply with the details of the process, such as filing dates, filing procedures, fees, and a myriad of other bureaucratic wonderfulness. Depending on how poorly they're written, your court's local rules probably won't make much sense to you. Don't worry. You may not be affected by most of the rules.

However, you will need to follow the rules about filing procedure and how to format the creditors' "mailing matrix" (a list of creditor's names and addresses).

Your court publishes plain-English instructions for those filing without a lawyer in the West Virginia Southern District Bankruptcy Court . Use that first, rather than trying to read the actual rules.

How to File for BankruptcyChapters 6 and 7 of How to File for Chapter 7 Bankruptcy offer more information on what to look for in local rules and how to ask the court clerk for the information you need as you prepare your paperwork and fill in yourforms.

3. Court Forms

Local Forms

Bankruptcy is a forms-intensive process, kind of like doing a long tax return.

The main forms you use in bankruptcy are federal forms, used nationwide in all bankruptcy courts.

Your bankruptcy court may have additional local forms for the West Virginia Southern District Bankruptcy Court for dealing with things like the list of creditors.

4. Exemption Charts

Your court also publishes a helpful list of current exemption amounts in your state. For more on bankruptcy exemptions, click here.

Other information from the court

Most courts link to a downloadable U.S. Courts publication called "Bankruptcy Basics." This offers a decent overview of Chapter 7 and Chapter 13 bankruptcy -- but has no information about how to actually file or fill in the mountain of forms.

Now most courts also link to a helpful YouTube video created by the Federal Courts that explains the bankruptcy process.

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Courthouses of the West Virginia Southern District Bankruptcy Court

Kanawha County is served by the Federal Courthouse at Charleston, WV
300 Virginia Street East, Room 2400 Charleston, WV 25301. (304) 347-3003

Charleston

Court Website info

Street Address: 

Robert C. Byrd U.S. Courthouse
300 Virginia Street East, Room 3200
Charleston, West Virginia 25301
Phone: (304) 347-3003

Fax number will be provided upon request and after approval by the Clerk

Mailing Address: 

United States Bankruptcy Court
Robert C. Byrd U.S. Courthouse
300 Virginia Street, Room 3200
Charleston, West Virginia 25301

Clerk's Office Hours: Beginning March 19, 2020, the normal business hours for the Bankruptcy Clerk’s Office are 9:00 a.m. to 4:00 p.m. Monday - Friday. These hours will remain in effect until otherwise posted.

Serving Counties:

Boone, Clay, Jackson, Kanawha, Lincoln, Logan, Mingo, Nicholas, Putnam, Roane

Maps: Google - Yahoo

Parkersburg

Court Website info

Street Address: 

Council Chambers of City Hall
2nd Floor, Municipal Building
1 Government Square
Parkersburg, WV 26101

Driving directions listed at bottom of page

Mailing Address: 

U.S. Bankruptcy Court
Robert C. Byrd U.S. Courthouse
300 Virginia Street, Room 3200
Charleston, West Virginia 25301

This site is used for bankruptcy hearings and creditor meetings only.  There is not a staffed office at this location.  If you have any questions please contact the bankruptcy clerk's office in Charleston at 304-347-3003.

Serving Counties:

Wirt, Wood

Maps: Google - Yahoo

Bluefield

Court Website info

Street Address: 

Elizabeth Kee Federal Building
601 Federal Street
Bluefield, West Virginia 24701

Fax number will be provided upon request and after approval by the Clerk

Mailing Address: 

U.S. Bankruptcy Court
Robert C. Byrd U.S. Courthouse
300 Virginia Street, Room 3200
Charleston, West Virginia 25301

HANDICAPPED ACCESS to the Elizabeth Kee Federal Building is located on the Federal Street (west) side of the building, with the visitor entrance located at the basement level of the Bluefield facility. A handicapped ramp and automatic doors are located at this entrance which is clearly visible from the street.

Serving Counties:

McDowell, Mercer, Monr

Maps: Google - Yahoo

Huntington

Court Website info

Street Address: 

Sidney L. Christie Federal Building
845 Fifth Avenue, Room 336
Huntington, West Virginia 25701
Phone: (304) 525-0375

Fax number will be provided upon request and after approval by the Clerk

Mailing Address: 

U.S. Bankruptcy Court
Robert C. Byrd U.S. Courthouse
300 Virginia Street, Room 3200
Charleston, West Virginia 25301

Clerk's Office Hours  As days and hours for the Huntington divisional office vary, please contact the Main office at 304-347-3003 for information as to days and hours the office will be open.  During office hours, the office will be closed daily for lunch from 1:00 p.m. to 1:30 p.m.

Serving Counties:

Cabell, Mason, Wayne

Maps: Google - Yahoo

Beckley

Court Website info

Street Address: 
Physical Address

Robert C. Byrd U.S. Courthouse
110 North Heber Street, Room 271
Beckley, West Virginia 25801
Phone: (304) 253-7402

Fax number will be provided upon request and after approval by the Clerk

Mailing Address: 

U.S. Bankruptcy Court
Robert C. Byrd U.S. Courthouse
300 Virginia Street, Room 3200
Charleston, West Virginia 25301

Clerk's Office Hours: The Beckley divisional office is normally open on Tuesdays and  Thursdays from 9:00 a.m. to 4:00 p.m. (but closed for lunch from 1:00 p.m. to 2:00 p.m.). 

Serving Counties:

Fayette, Greenbrier, Raleigh, Summers, Wyoming

Maps: Google - Yahoo

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West Virginia Southern District Bankruptcy Court List of Private Trustees by Chapter

Source: The U.S Trustee Program - West Virginia List of Private Trustees by Chapter

WEST VIRGINIA

 

Note: The individuals listed are private parties, not government employees.

 

 

TRUSTEE(S) COVERING THE NORTHERN DISTRICT OF WEST VIRGINIA

 

Aaron C. Amore 
206 West Liberty Street 
Charles Town  , WV 25414 
Phone: (304)885-4117 

 

Thomas H. Fluharty 
408 Lee Avenue 
Clarksburg, WV 26301 
E-mail: thfaal@aol.com 
Phone: (304)624-7832 
Fax: (304)624-7649 

 

Robert L. Johns 
808 Greenbrier Street 
Charleston, WV 25311 
E-mail: rjohns@turnerjohns.com 
Phone: (304)720-2300 
Fax: (304)720-2311 

 

Martin P. Sheehan 
1 Community Street, Suite 200 
Wheeling, WV 26003 
E-mail: sheehanparalegal@mail.wvdsl.net 
Phone: (304)232-1064 
Fax: (304)232-1066 

TRUSTEE(S) COVERING THE SOUTHERN DISTRICT OF WEST VIRGINIA

 

Aaron C. Amore 
206 West Liberty Street 
Charles Town  , WV 25414 
Phone: (304)885-4117 

 

Janet S. Holbrook 
P.O. Box 2185 
Huntington, WV 25722 -2185 
E-mail: jholbrook@huddlestonbolen.com 
Phone: (304)691-8330 

 

Robert L. Johns 
808 Greenbrier Street 
Charleston, WV 25311 
E-mail: rjohns@turnerjohns.com 
Phone: (304)720-2300 
Fax: (304)720-2311 



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What's all this about "CM/ECF"?

If you visit any bankruptcy court website, you will see prominent notices about mandatory "CM/ECF" which stands for "Case Management/Electronic Case Files." If you are representing yourself (filing without a lawyer), don't worry about this -- it applies only to lawyers (although most sites fail to mention that important fact).

If you're a lawyer, you must file your client's bankruptcy forms electronically and receive training on how to do it. Electronic filing simply means filing your forms as PDF (Acrobat) files via the internet or CD-ROM. Creating PDF files does not require special software. Any software that can print can also produce PDF files with the proper software add-ons. There are some specialized attorneys' bankruptcy software that will produce PDFs from data you enter.

Most downloadable official forms these days are PDFs with fillable fields and most computers can "print" a filled-in form to a PDF file. (See the Free Bankruptcy Forms page for more info)

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Courts that offer "eSR" - Electronic Self Representation

See below for our list of courts that allow debtors to electroncially file.

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Dealing with "legalese"

Bankruptcy court websites have come a long way towards plain English?

Courts should serve all taxpayers, not just lawyers. Filing requirements should be clear and accessible to everyone. After all, everyone must follow the law, so why not make the rules clear and in plain English?

Unfortunately, not all courts provide clear, simple instructions for filing bankruptcy forms. It takes some effort to translate legalese into plain English, and some courts just don't bother.

However, some courts do an admirable job of providing information to help non-attorneys find relevant information. They lay out clear timelines of essential procedures and explain requirements in a clear, easy to follow manner.

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Courts That Do a Good Job Of Helping Debtors Who Don't Have An Attorney

In our first review of 90 bankruptcy court websites nationwide in 2007, LegalConsumer.com found only a handful court websites that provided clear, well-organized filing information for those who don't speak legalese.

A few courts, however, showed what could be done if all courts would bother to take the time to help the general public, and so we created a "Hall of Fame" of good government, to show what could be done by a court with taxpayer's money and a little extra effort, organizaion, and plain English. All bankruptcy courts should follow their example.

In subsequent reviews, many court websites showed significant improvement from 2007 to 2009.

However, as of August 2022, although in general court websites are much better, there is still a wide gap between the best and worst ones when it comes to serving the unrepresented debtor.

If your court's website isn't helpful, check out one of these sites....

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Bankruptcy courts that do a good job of explaining procedures to non-lawyers and / or offer eSR (electronic Self Representation)

Here are the best of the best. Court websites can and do change -- hopefully for the better, but not always.

Note: Links go directly to the court's info for non-lawyers, rather than the court home page.

Note: As you will see if you look at several of these, most of the information you find is general and applies regardless of which court you're filing in.

However, some procedures are "local" and deadlines and forms can vary from court to court.

Always confirm that you are complying with your own court's local rules and procedures.

Oklahoma Western District Bankruptcy Court

New interface is a bit too clever by half. Important info is buried in the menu called "Court" Click the "No Attorney" link. Once you get past that, it's pretty good. Pop up menus work very slowly and may not work on all browsers. On some browsers you may not even see the menus at all! Has a dedicated pro se counter. (May 2009) Update: Court should make website work with all browsers. Important information is missed if the home page menus don't work right. But downloadble PDF guides are good, but were written in 2007. March 2012.


main website     info for non-lawyers

Texas Eastern District Bankruptcy Court

Now features a special menu just for those filing without an attorney. Offers clearly organized guidance as to what to do when. (May 2009) Update. Still excellent. Could be a model for other courts. March 2012.


main website     info for non-lawyers