Simple Summary of Exemptions

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Quick Summary of essential exemptions
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Updated: 2022-08-17
 

PROPERTY

State:

WV CODE 38-10-4

Federal:

11 U.S.C. 522(d)

residential real estate or burial plot

$35,000.00—per debtor (a)

$25,150.00 per debtor (1)

ONE vehicle

$7,500.00—per debtor (b)

$4,000.00 (2)

household furnishings,  household goods, wearing apparel, appliances, books, animals,  crops or musical instruments,

No more than $400.00 in any ONE particular item;

 

Total exemption of $8,000.00 (c)

$625.00 item limitation; $13,400.00 total (3)

jewelry

$1,000.00 (d)

$1,700.00 (4)

ANY PROPERTY

$800.00 plus any unused exemption in (a)(e)

$1,325.00 plus up to $12,575.00 of (1)(5)

implements, professional books  or tools of the trade

$1,500.00 (f)

$2,525.00 (6)

unmatured life insurance contract owned by the debtor; DOES NOT INCLUDE credit life insurance

the value of the contract (g)

Value of the contract (7)

The debtor’s interest in any  accrued dividend or interest under, or loan value of, any  unmatured life insurance contract owned by the debtor under  which the insured is the debtor or an individual of whom the  debtor is a dependent

$8,000.00 (h)

Up to $13,400.00 (8)

Professionally prescribed health aids

Value of the health aids (i)

Value of the health aids (9)

A social security benefit, unemployment compensation or a  local public assistance benefit;

Amount of the benefit (j)(1)

Amount of the benefit (10)(A)

A veterans’ benefit;

Amount of the benefit (j)(2)

Amount of the benefit (10)(B)

A disability, illness or unemployment benefit;

Amount of the benefit (j)(3)

Amount of the benefit (10)(C)

Alimony, support or separate maintenance

Amount of the payment* (j)(4)

Amount of the payment* (10)(D)

Payments under a stock bonus, pension, profit sharing,  annuity or similar plan or contract on account of illness, disability, death, age or length of service

Amount of the payment* (j)(5)

Amount of the payment* (10)(E)

An award under a crime victim’s reparation law;

Amount of the award (k)(1)

Amount of the award (11)(A)

Wrongful death payment

Amount of the payment* (k)(2)

Amount of the payment* (11)(B)

Death benefits from life insurance policy

Amount of the proceeds* (k)(3)

Amount of the proceeds* (11)(C)

Personal injury payment

$15,000.00 (k)(4)

$25,150.00 (11)(D)

Lost FUTURE wages

Amount of lost future wages* (k)(5)

Amount of future wages* (11)(E)

Payments to prepaid tuition trust fund

Amount paid to prepaid tuition trust fund (k)(6)

n/a

Individual Retirement Account

$1,362,800.00 (j)(5)(D)

$1,362,800.00 (12)


Jurisdictional relevance:

There are versions of this article for each State.

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