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ABOUT CHAPTER 7
HOW CHAPTER 7 WORKS
THE CHAPTER 7 DISCHARGE
ABOUT CHAPTER 13
HOW CHAPTER 13 WORKS
THE CHAPTER 13 DISCHARGE
STATE EXEMPTIONS
COURT GUIDE
ROLE OF THE TRUSTEE
BANKRUPTCY TERMS
BANKRUPTCY & TAX LIABILITY
FREQUENTLY ASKED QUESTIONS

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Virginia Bankruptcy Exemptions   VA Bankruptcy Exemptions

FEDERAL BANKRUPTCY EXEMPTIONS ARE NOT AVAILABLE
All Bankruptcy references are to Code of Virginia unless otherwise noted.

ASSET

EXEMPTION

LAW PROVISION

HOMESTEAD

$5000 plus $500 per dependent; may also claim rents & profits; sale proceeds exempt to $5000 (husband and wife may double), Debtors aged 65 and older may exempt up to $10,000. Surviving spouses or minors are eligible for a $15,000 homestead exemption; unused portion of homestead may be applied to any personal property

May include mobile home

Must file homestead declaration before filing for bankruptcy

Property held as tenancy by the entirety may be exempt against debts owed by only one spouse

34-4,
34-18,

(W.D. Va. 1993)

34-6


In re Harris, 155 B.R. 948
(E.D. Va. 1993)

INSURANCE

Accident or sickness benefits

Burial society benefits

Cooperative life insurance benefits

Fraternal benefit society benefits

Group life or accident insurance for government employees

Group life insurance policy or proceeds

Industrial sick benefits

38.2-3549

38.2-4021

38.2-3811

38.2-4118

51.1-510


38.2-3339

38.2-3549

MISC.

Property of business partnership

50-25

PENSIONS
Also see wages

City, town & county employees

ERISA-qualified benefits to $17,500 per year

Judges

State employees

51.1-802

34-34


51.1-102

51.1-102

PERSONAL PROPERTY

 

 

You must be a householder to exempt any personal property

Bible

Burial plot

Clothing to $1000

Family portraits and heirlooms to $5000 total

Health aids

Household furnishings to $5000

up to $3,000 for one firearm

Motor vehicle to $6000

Personal injury causes of action

Personal injury recoveries

Pets

Wedding and engagement rings

34-26(1)

34-26(3)

34-26(4)

34-26(2)


34-26(6)

34-26(4) (a)



34-26(8)

34-28.1

34-28.1

34-26(5)

34-26(1) (a)

PUBLIC BENEFITS

Aid to blind, aged, disabled, AFDC, general relief

Crime victims’ compensation unless seeking to discharge debt for treatment of injury incurred during crime

Unemployment compensation

Workers’ compensation

63.1-88


19.2-368.12



60.2-600

65.2-531

TOOLS OF TRADE

Horses, mules, (pair) with gear, wagon or cart, tractor to $3000, plows (2), drag, harvest, cradle, pitchfork, rake, iron wedges (2), fertilizer to $1000 of farmer (you must be a householder)

Tools, books and instruments of trade, including motor vehicles, to $10,000, needed in your occupation or education (you must be a householder)

Uniforms, arms, equipment of military member

34-27

 

 

34-26



44-96

WAGES

Minimum 75% of earned but unpaid wages, pension payments; bankruptcy judge may authorize more for low-income debtors

34-29

WILD CARD

Unused portion of homestead, of any personal property

$2000 of any property for disabled veterans (you must be a householder)

34-13


34-4.1



Virginia Bankruptcy Courts  Bankruptcy Courts
See the list below for Bankruptcy Courts by District. Click on the District link to go directly to that Bankruptcy Court's web site.

BANKRUPTCY COURTS NUMBER OF COPIES
Eastern District
Alexandria Division
P.O. Box 19247 (22320-0247)
200 South Washington, Ste. 100
Alexandria, VA 22314
Telephone: (703) 557-1716

Newport Division
825 Diligence Drive, Ste. 201
Newport News, VA 23606
Telephone : (757) 595-9805

Norfolk Division
P.O. Box 1938 (23501-1938)
600 Granby Street, Room 400
Norfolk, VA 23510
Telephone: (757) 222-7500

Richmond Division
U.S. Courthouse Annex
1100 East Main Street
Richmond, VA 23219
Telephone: (804) 916-2400

contact clerks office
Western District
Harrisonburg Division
P.O. Box 1407
116 N. Main, Rm. 223
Harrisonburg, VA 22801
Telephone: (540) 857-2391

Lynchburg Division
P.O. Box 6400
1100 Main Street
Lynchburg, VA 24505
Telephone: (540) 857-2391

Roanoke Division
P.O. Box 2390
210 Church Ave., S.W., Rm. 200
Roanoke, VA 24011
Telephone: (540) 857-2391

contact clerks office

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