West Virginia - July 2021
- Homestead/Motor Vehicle Exemption Amount Increase – July 2021
- District of West Virginia allows the use of Federal Exemptions effective July 7, 2021
Changes to Exemptions of Property in Bankruptcy Proceedings
WEST VIRGINIA §38-10-4.
Exemptions of property in bankruptcy proceedings
EFFECTIVE WITH CASES FILED ON OR AFTER JULY 7, 2021
The changes allows a bankruptcy debtor filing in WV to use either the exemptions under WV Code 38-10-4 or the federal bankruptcy exemptions in 522(d)
Some of the exemptions are limited by “reasonably necessary” in the statute. These are designated with an *
PROPERTY |
WV CODE 38-10-4 |
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) |
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Other States
Click here to see West Virginia Bankruptcy Exemptions.
April 2022 - Federal Bankruptcy Amounts Updated for Exemptions, debt limits, etc.
State Updates - 2022
California - April 1 2022
California updates its exemption amounts every three years. (§703.150) (The last revision was in 2022; the next will be April 1, 2025.) As a result, the amounts listed in this chart (from the 2019 revisions) may not match the amounts that appear in the cited statutes. The 2022 exemption amounts can be found on form EJ-156 the California Judicial Council Website.
Indiana - March 2022
Indiana adjusts its exemption amounts every six years, starting in 2010, most recently in 2022, and next in 2028.
Maryland - April 1, 2022
Maryland homestead amount is keyed to the inflation adjusted amount of the federal exemptions which change every three years and was last changed in 2022.
Ohio - April 2022
Ohio adjusts the exemption amounts found in section RC 2329.66 every three years. The latest inflation adjusted amounts for 2022 can be found here.
Updates for Other States - 2021
Alabama – April 2021
- Homestead Exemption Ala. Code § 6-10-2, § 6-10-3, § 6-10-4; Const. Art. X, § 205 increasing from $15,500 to $16,450
- Personal Property Exemption Ala. Code § 6-10-6 increasing from $7,750 to $8,225
Washington - May 2021
- 735 ILCS 5/12-901 Homestead exemption has been increased to the greater of: $125,000.00; or the county median sale price of a single-family home for the year preceding the petition date – May 2021
West Virginia - July 2021
- Homestead/Motor Vehicle Exemption Amount Increase – July 2021
- District of West Virginia allows the use of Federal Exemptions effective July 7, 2021
California - July 2021
- Deposit Accounts C.C.P. § 704.220 is based on the state Minimum Basic Standard of Adequate Care and is adjusted annually. The current MBSAC floor for a family of four in Region 1 is $1,826.00 – July 2021
- California also increased its Homestead Exemption - December 2020
Maine - October 2021
Connecticut — October 2021
H.B. 6466: Raises the homestead exemption from $75,000 to $250,000, the motor vehicle exemption to $7,000, and creates an exemption for the cash surrender value of life insurance policies. • Signed into law on July 12, 2021. Effective October 1, 2021.
General Changes
In general, amounts of the exemptions are increased, as many of the exemption amounts have not changed in decades.
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Significant Pre-2021 Updates
Georgia - 2012, 2013, 2015
The 2012 Amendment: This amendment increased the amount of exemption for a debtor’s residence from $10,000.00 to $21,500.00 and increased the amount of such exemption from $20,000.00 to $43,000.00 where title to the residence “is in one of two spouses who is a debtor.” O.C.G.A. §44-13-100(a)(1).
The 2013 Amendment: This amendment increased the amount of the exemption available on motor vehicles from $3,500.00 to $5,000.00. O.C.G.A. §44-13-100(a)(3).
The 2015 Amendment: This amendment increased the amount of the basic “wild card” exemption in “any property” from $600.00 to $1,200.00. It also increased the amount by which a debtor may convert (or carry-over) an unused residence exemption to a wild card exemption from $5,000.00 to $10,000.00. O.C.G.A. §44-13-100(a)(6).