How the Site Works: Ascend's mission is to take the pain out of personal finance for everyone. Not everyone who comes to our site is currently best fit for the Ascend product, so we spend a great deal of time and effort finding partners that we hope will be beneficial to you.
How We Make Money: Our partners sometimes compensate us in the way of advertising. Some partners we recommend pay us referral fees for sending them new customers. If you click through an application link on our site and end up receiving the service, we may receive compensation when your application is approved, and you move forward with this product. Each partner is vetted based on the following criteria:
Quick answer:
In Ascend's experience, after talking with over 5,654 individuals in West Virginia, most people wait too long to explore Chapter 13 and end up with fewer options. The earlier you understand your payment and plan structure, the more control you have over the outcome.
Most people use a Chapter 13 calculator to answer one key question: “What will my monthly payment actually be?” The answer depends on your income, expenses, and total debt, not just fixed costs like attorney fees.
If your disposable income is low, your monthly payment may also be lower. If your income is higher or you are behind on secured debts like a mortgage or car loan, your monthly payment may increase.
There are many differences between a Chapter 7 vs Chapter 13 bankruptcy.
In West Virginia, Chapter 13 is commonly used to:
To file Chapter 13 in West Virginia, you must complete the bankruptcy means test.
This determines:
Your average monthly income is based on the last 6 months of income before filing.
Here’s how it works:
Then:
Your income determines how long your plan lasts:
Because West Virginia has lower median incomes than most states, more filers may qualify for shorter plans, but income still plays a major role in determining affordability.
The median income numbers are set by the United States Trustee (UST) and updated regularly.
The current figures apply to cases filed on or after April 1, 2026.
| # of People | Annual Income |
|---|---|
| 1 | $63,908 |
| 2 | $68,592 |
| 3 | $92,050 |
| 4 | $93,672 |
| 5 | $104,772 |
| 6 | $115,872 |
| 7 | $126,972 |
| 8 | $138,072 |
| 9 | $149,172 |
Your monthly payment is based on a combination of:
In West Virginia, this often includes:
Here’s a typical cost breakdown:
There is a second part of the Means Test that calculates your disposable income.Your disposable monthly income generally refers to what is left to pay bills after deducting your taxes and allowable (which may differ from actual) expenses. In most cases, all disposable income must be contributed to a Chapter 13 plan to repay your unsecured creditors. Unsecured creditors typically receive a small percentage of the money owed to them through a Chapter 13 plan. Most unsecured debts are forgiven or discharged upon the successful completion of your plan, including some that may not have been discharged through Chapter 7.
Only certain living expenses may be deducted from your average monthly income. Although most required payroll deductions (such as medical and life insurance) are included in the allowable expenses. The United States Trustee’s Office publishes a list of the living expenses that are allowable based on the size of your household. It’s important to note, these expenses are restricted to a maximum amount. For example, these expenses include food, clothing, household supplies, and out-of-pocket health care expenses.
If your actual expenses exceed the maximum amount or you have special circumstances that result in higher-than-average expense amounts, you need to request approval of those expenses and provide proof of the expenses to the court.
The process to file Chapter 13 bankruptcy is similar across the state. So, a Chapter 13 bankruptcy in Charleston may be similar to Huntington. We will cover the decision to file Chapter 13 bankruptcy, locating a Chapter 13 bankruptcy attorney, credit counseling and debtor education course requirements, completing your bankruptcy forms, and filing your Chapter 13 bankruptcy petition.
Chapter 13 is a reorganization bankruptcy. Debtors who file Chapter 13 bankruptcy can afford to repay some of their debts. The amount of your debt that you must repay depends on several factors, including but not limited to:
If you cannot pay your debts and you do not meet the income qualifications for a Chapter 7 bankruptcy case, a Chapter 13 bankruptcy case might be right for you.
Even though you are not required to hire a bankruptcy lawyer, filing Chapter 13 bankruptcy without a lawyer is not recommended. Chapter 13 bankruptcy cases are very complex. Calculating a Chapter 13 plan requires a great deal of experience and knowledge. Someone who does not understand Chapter 13 bankruptcy law could pay much more than is necessary to get out of debt.
Also, the court expects you to understand and know the law that applies in your case if you represent yourself. The court will not explain bankruptcy law to you, and it will hold you accountable for the errors you make in your case. Therefore, it is best to have an experienced Chapter 13 bankruptcy lawyer handle your case.
What are the benefits of hiring a Chapter 13 bankruptcy attorney in West Virginia?
Having a Chapter 13 bankruptcy attorney handle your case means you have someone on your side who can help you avoid mistakes and errors that could hurt your case.
As part of your Chapter 13 case in West Virginia, it is a requirement to complete two bankruptcy courses. The bankruptcy courses are available online from approved companies for a small fee. Moreover, the courses typically take between 90 minutes and two hours to complete.
Here are the approved providers in West Virginia:
Accordingly, it’s a good idea to check to make sure you are using the most recent list of approved providers.
The Credit Counseling Course needs to be complete before you file a Chapter 13 bankruptcy. Also, you need to complete the Debtor Education/Financial Management Course after filing the Chapter 13 bankruptcy petition. It is a good idea to complete the second bankruptcy course as soon as possible after filing the Chapter 13 case so that you do not forget about the course and lose your bankruptcy discharge.
A typical Chapter 13 bankruptcy package could be 100 or more pages. When you file Chapter 13, you must complete the approved bankruptcy forms and any local bankruptcy forms required by the bankruptcy court. When working with an attorney, your bankruptcy lawyer completes the forms and reviews each form with you to ensure accuracy and completeness before the attorney files the forms with the court.
The forms for a West Virginia Chapter 13 case includes information about your:
The Statement of Financial Affairs is a form with almost two dozen questions about your financial transactions. This includes income for the past two years, recent payments to certain creditors and insiders, a list of lawsuits, gifts, contributions, leases, transfers, and other information. Your bankruptcy attorney can assist you in gathering information and completing your bankruptcy forms.
Your bankruptcy lawyer files your bankruptcy forms and obtains a case number. After filing, the bankruptcy court schedules a First Meeting of Creditors and a Confirmation Hearing. In most cases, these are the only two hearings that most bankruptcy debtors attend. Your bankruptcy lawyer can help prepare you for the hearings and usually attends the hearings with you.
Once your Chapter 13 bankruptcy plan is confirmed by the court, you continue to pay your Chapter 13 bankruptcy payments until your case is complete. If you have any problems or questions, you contact your Chapter 13 bankruptcy attorney immediately. Your attorney is there to direct and guide you so that you can complete your bankruptcy plan to get a fresh start, free from the debts that are weighing you down and preventing you from achieving your financial goals.
West Virginia bankruptcy exemptions protect your net equity in property from your unsecured creditors. In a Chapter 13 case, non-exempt equity increases the amount of money you must pay each month to your unsecured creditors. Therefore, it is just as important to claim all allowable bankruptcy exemptions when filing Chapter 13 as it is when filing Chapter 7.
Net equity is calculated by subtracting a valid lien (i.e. mortgage, title loan, etc.) and the allowable bankruptcy exemption from the fair market value of an asset. If the result is zero or negative, the asset does not impact your Chapter 13 plan payment.
The specific amounts used for West Virginia bankruptcy exemptions are revised periodically. As a result, you must use the most current information available here. See some of the most common West Virginia bankruptcy exemptions below.
The homestead exemption, which allows you to exempt equity in your home, varies depending on whether you are married.
If you do not own a home, West Virginia allows you to use the exemption amount as a "wildcard" toward exempting the value of other property. “W. Va. Code § 38-10-4(a). Real or personal property used as residence; unused portion of homestead may be applied to any property.” (Source)
The automobile bankruptcy exemption in West Virginia is $7,500 in a single vehicle, per filer.
The jewelry bankruptcy exemption in West Virginia is $2,000.
The tools of the trade bankruptcy exemption in West Virginia is $3,000.
The wildcard bankruptcy exemption in West Virginia is $800.
Here are other common exemptions. There may be limits to the amount of the bankruptcy exemption, so please be sure to check each one individually.
Federal bankruptcy exemptions are located in the Bankruptcy Code under 11 U.S.C. §562. You can also view a list of the federal bankruptcy exemptions published by NCLC. The amounts of the bankruptcy exemptions periodically change.
The Bankruptcy Code permits states to “opt out” of using federal bankruptcy exemptions. Many states choose to enact state-specific bankruptcy exemptions. Some states require debtors to use state-specific exemptions, while other states allow debtors to choose between federal and state bankruptcy exemptions.
If you have resided in West Virginia for at least 730 days before filing a Chapter 13 bankruptcy, you may elect to use either West Virginia's state-specific exemptions, or federal exemptions but no both. If you have not resided in West Virginia for at least 730 days, you must follow the rules of the state you resided in for the greater portion of 180 days before the 730 day period, or use federal exemptions.
If you are considering a move to West Virginia soon or recently moved to West Virginia, you may want to contact a bankruptcy lawyer to discuss the exemption laws that apply in your case.
The Chapter 13 bankruptcy process in West Virginia is similar for all Chapter 13 cases in the state. There are two bankruptcy districts in the state. And your current residence determines where you should file your bankruptcy case. See the West Virginia bankruptcy districts below.
In either district, the Chapter 13 bankruptcy process in West Virginia is generally the same. You begin by deciding whether Chapter 13 is right for you, locating a Chapter 13 bankruptcy attorney, completing the bankruptcy forms, and attending your bankruptcy hearings.
A Chapter 13 bankruptcy trustee administers each Chapter 13 bankruptcy case. Although, you do not have a choice of your Chapter 13 trustee. You can find the current list of the current Chapter 13 bankruptcy trustees on the UST’s website or below:
| District | Name | Phone |
|---|---|---|
| Northern | Ryan W. Johnson | (304) 744-6730 |
| Southern | Ryan W. Johnson | (304) 744-6730 |
Some common questions that people often ask about the Chapter 13 filing process in West Virginia include:
The benefits of the Chapter 13 filing process in West Virginia include:
Another benefit of the Chapter 13 process in West Virginia is getting rid of the stress and anxiety of dealing with debt problems. Financial problems can cause an enormous amount of stress, which can cause severe health problems. The Chapter 13 bankruptcy process in West Virginia allows you to take control of your debts and finances to relieve stress and anxiety. In many cases, you can conveniently make payments to a single person, the Chapter 13 Trustee, who will then pay all the creditors in your plan on your behalf. You no longer have to remember to make payments to multiple creditors and risk losing track.
There are several costs of filing Chapter 13 in West Virginia. Chapter 13 bankruptcy costs in West Virginia include bankruptcy attorney fees, the trustee fees, filing fee, bankruptcy courses and miscellaneous costs.
The bankruptcy attorney fees for a Chapter 13 case are generally higher than the fees charged for a Chapter 7 case because there is much more work for the attorney to perform in a Chapter 13 bankruptcy case. However, you do not need to pay all the fees upfront. Bankruptcy attorneys may include all or some of the Chapter 13 bankruptcy fees in the Chapter 13 plan.
If you are interested in filing Chapter 13, you can use our Bankruptcy Attorney Fee Estimator to obtain an estimate of the attorneys’ fees for Chapter 13 in your area. You also receive a list of Chapter 13 bankruptcy attorneys near you. Ascend can help you contact the attorneys to arrange a free consultation to discuss filing Chapter 13 in West Virginia in more detail.
One of the highest costs in a Chapter 13 bankruptcy in West Virginia is the Chapter 13 bankruptcy trustee fees. A Chapter 13 bankruptcy often takes 3 to 5-years to complete. So, there are many administrative tasks for the Chapter 13 bankruptcy trustee.
While trustee fees vary, the West Virginia Chapter 13 trustee fees is 9.6% of your total plan amount. This can result in thousands of dollars in trustee fees. Our Chapter 13 calculator helps estimate what that fee would be.
The bankruptcy filing fee for a Chapter 13 case is $313, and is subject to change by the court. The fee is paid to the bankruptcy court and is the same whether you file an individual case or a joint bankruptcy filing with your spouse.
There are two bankruptcy courses that you must complete as part of Chapter 13. The first bankruptcy course or Credit Counseling Course must be completed before you file your Chapter 13 bankruptcy petition. You can shop around to find a credit counseling agency in West Virginia that offers the course for the lowest price. Most agencies charge $15 to $50 for the course.
The second bankruptcy court or Debtor Education Course must be completed after you file your Chapter 13. Many of the credit counseling agencies offer both bankruptcy courses. Some agencies offer discounts for taking both courses through the agency.
If you choose to file Chapter 13 without an attorney, you will have miscellaneous fees. You may need to pay for credit reports to verify you have listed all creditors on your bankruptcy forms. You are also responsible for the postage for mailing bankruptcy notices and other required forms to creditors and other parties in interest. Throughout your bankruptcy case, you will be required to mail notices or other information to your creditors and parties in interest.
Some people go through several financial difficulties during their lifetime. A person could need help from the bankruptcy system more than once. For that reason, bankruptcy cases are not limited to one case per person. You can file bankruptcy again if you need debt relief.
There are no restrictions on the number of bankruptcy cases a person may file. However, there are mandatory waiting times for obtaining a bankruptcy discharge. The bankruptcy discharge is the legal order that forgives your debt. Therefore, filing a bankruptcy case without receiving a bankruptcy discharge is generally a waste of time and money.
If you need to file another bankruptcy case, it is crucial to know the waiting periods for receiving a bankruptcy discharge. The time limits are based on the filing dates of the bankruptcy cases:
It is usually best to talk to a bankruptcy lawyer before filing Chapter 13 again. You want to ensure that there are no specific situations that apply in your case that could interfere with obtaining another Chapter 13 bankruptcy discharge. Also, there could be another debt relief option that would work in your situation that could help you avoid another Chapter 13 bankruptcy in West Virginia.
A Chapter 13 bankruptcy in West Virginia may not be right for everyone. There may be another solution to your debt problem that works better for your situation. There are 11 common bankruptcy alternatives, but we will cover 2 of the most popular. Ascend’s goal is to help you explore various debt relief options to help you find a solution to your debt problems that work for you.
Our Debt Settlement Guide and our article entitled “Debt Management vs. Debt Settlement” provide valuable information about non-bankruptcy alternatives for getting out of debt.
Debt management (also known as credit counseling) is another common alternative to Chapter 13 bankruptcy. In debt management, a credit counseling agency would negotiate the interest rate with your creditors. For example, a credit counseling agency may negotiate your credit card interest rate from 23% to 9%. Debt management is often best with high-interest credit cards. You may save less in a debt management program than a debt settlement program because interest rate reduction may not save as much as debt amount reduction.
Before you make any decisions regarding debt relief, make sure you have all the facts.
Deciding to file a Chapter 13 bankruptcy case in West Virginia can be overwhelming. Before you file bankruptcy, you may want to estimate your Chapter 13 plan payment that you can compare against your current monthly debt obligations. You can compare that plan payment estimate to your Chapter 13 bankruptcy alternatives below.
Yes
No