How To File Bankruptcy for Free in West Virginia (2025 Guide)
Filing Chapter 7 bankruptcy in West Virginia can erase credit cards, medical bills, and payday loans without requiring a lawyer. The process involves completing two courses, filling out federal forms, and attending a brief 341 meeting. If your income falls below state median levels or 150% of the poverty line, you may qualify for a fee waiver on the $338 filing cost.
Get Free ConsultationFeeling overwhelmed by debt? You’re not alone. Many West Virginians turn to bankruptcy for relief. Chapter 7 bankruptcy can erase credit cards, medical bills, payday loans, and utility balances. It’s a powerful tool for getting relief and building a stronger financial future.
Even better, many people file successfully without a lawyer. This guide walks you through every step.
Find Out If You Qualify for Chapter 7 Bankruptcy
Get a free consultation with a West Virginia bankruptcy attorney to discuss your debts, assets, and eligibility. Most consultations are completed within 24 hours.
Check Eligibility NowStep 1: Collect Your West Virginia Bankruptcy Documents
Start by pulling together your financial documents. Some are required when you file. Others make it easier to complete the paperwork.
The court or trustee will want to see:
- Pay stubs from the past six months
- Federal tax returns from the last two years
- A bank statement that includes your filing date
Having a few extra documents on hand helps you list income, expenses, and debts accurately:
- Bank statements from the past 6-12 months
- Credit card and loan statements
- Letters or notices from debt collectors
- A recent credit report
You can get a free credit report every week from all three bureaus at AnnualCreditReport.com.
Step 2: Take a Credit Counseling Course
Before you file your Chapter 7 case, you’ll need to complete a credit counseling course. The short class explains your options for dealing with debt. It helps you understand whether bankruptcy is the right step.
You can take it online, by phone, or sometimes in person.
Here’s what to know:
- You must complete it within 180 days before you file
- It usually costs $10-$50, but you may qualify for a fee waiver
- You must take it from an approved provider in West Virginia
- When you finish, you’ll get a certificate of completion
Remember to file your certificate with the court. If it’s missing, the court may dismiss your case. Your debts won’t be cleared.
Step 3: Complete the Bankruptcy Forms
To start your Chapter 7 case, you’ll need to fill out a set of official bankruptcy forms. The forms are federal, so they’re the same everywhere. You can download them for free as fillable PDFs at USCourts.gov.
Working with a bankruptcy attorney can help ensure your forms are accurate and complete.
Step 4: Get Your Filing Fee
It costs $338 to file a Chapter 7 bankruptcy case. If you can’t afford the fee, you might qualify for a fee waiver. Many low-income filers do. You can apply for a waiver if your income is below 150% of the federal poverty guideline.
If you don’t qualify for a waiver, you can ask the court to let you pay in installments. You can start your case and take advantage of the automatic stay. The powerful protection pauses most collection actions as soon as you file.
Just know that if you miss a payment, the court can dismiss your case.
Step 5: Print Your Bankruptcy Forms
Unless you file online, you’ll need to print your bankruptcy forms. Submit them by mail or in person.
Here are some printing tips to get your forms court-ready:
- Use black ink
- Print single-sided
- Use 8.5″ x 11″ white letter-size paper
- Don’t staple or hole-punch the pages
Be sure to sign every page that requires a signature. Some filers find it helpful to use the court’s checklist to double-check everything before filing.
Step 6: File Your Forms With the West Virginia Bankruptcy Court
In West Virginia, you can file your bankruptcy forms in person, by mail, or online if you’re filing without a lawyer.
In person: Filing at the courthouse is often the most reliable option. A clerk can review your packet to make sure nothing’s missing. You’ll get immediate confirmation that your case has been filed. You’ll receive your case number on the spot.
By mail: You can also mail your printed forms to the court. Be sure to include every required document. Keep copies for yourself. Many people choose to send the forms using certified mail to get confirmation of delivery.
Online: If you’re filing without a lawyer, you can use the court’s Electronic Self-Representation (eSR) tool. You can prepare and submit your Chapter 7 forms online. It’s free to use and walks you through the process step by step.
Step 7: Mail Documents to Your Trustee
After you file your case, the court will assign a bankruptcy trustee to manage it. The trustee isn’t a judge. They’re a neutral party who reviews your forms and verifies your information. They lead your 341 meeting.
After you file, you’ll get a notice from the court. It includes your trustee’s name, contact information, and the date and time of your 341 meeting.
At least 14 days before your meeting, you’ll need to send your trustee documents that confirm the details in your forms:
- A copy of your most recent federal tax return
- A bank statement for each account you had on the day you filed
- A clear copy of your government-issued photo ID
- Proof of your Social Security number
- Your most recent pay stub or other proof of income
Your trustee may send a letter with more detailed instructions. Follow those directions carefully to avoid delays.
Step 8: Take a Debtor Education Course
To receive a discharge, you must complete a second required course called debtor education. The court order erases your debts. The course covers basic financial topics like budgeting, using credit wisely, and setting money goals. It’s designed to help you make the most of your fresh start.
Here’s some important course information:
- You must take it from a court-approved provider
- You need to complete it after you file your case
- You need to take it within 60 days after your 341 meeting
- It usually costs $10-$50, but fee waivers are available
You must file your certificate of completion with the court. If you miss the deadline, you may not receive your discharge.
Step 9: Attend Your 341 Meeting
About a month after you file, you’ll meet with your bankruptcy trustee in a short video call. The 341 meeting or meeting of creditors is a routine part of every case. It usually lasts less than 10 minutes.
Most 341 meetings happen over Zoom, not in person. Your court notice will include the date, time, and login instructions. While creditors are allowed to attend, they rarely do. In most cases, it’s just you and the trustee.
During the meeting, the trustee will place you under oath. They ask a few simple questions to confirm your identity. They make sure your paperwork is accurate. Most people find the meeting much easier than they expected.
It’s helpful to have these nearby during the meeting:
- A copy of your bankruptcy forms
- Any documents you sent your trustee
- Your official court notice with the meeting details
Once the meeting is over, you’re one step closer to your fresh start!
Step 10: Deal With Your Car
Filing for bankruptcy doesn’t automatically mean you’ll lose your car. In fact, many people are able to keep their vehicles.
If you own your car outright, you can keep it as long as its value is under the allowed exemption. Bankruptcy exemptions protect certain property from being used to pay your debts. In West Virginia, you can exempt up to $7,500 in equity in one motor vehicle.
If you’re still paying off a car loan, you have a few options depending on how much equity you have in the vehicle. Equity is the car’s current value minus what you still owe.
You can choose to:
- Reaffirm the loan: Keep making payments to keep the car. You must be current on payments. You’ll stay on the hook for the loan after bankruptcy. The lender and bankruptcy court must approve your reaffirmation agreement.
- Redeem the car: Pay the current value of the car in a lump sum. Keep it free and clear. Any extra loan debt is wiped out. The lender has to approve the redemption.
- Surrender the car: Give the car back and erase the rest of the loan. This may be a good option for filers who owe a lot more than their car is worth.
If you lease your vehicle, you can assume the lease or reject it.
West Virginia Bankruptcy Means Test
To qualify for Chapter 7 bankruptcy, you must pass something called the means test. The test checks your income and expenses. It determines if you’re truly unable to repay your debts.
The first step compares your household income to the median income in West Virginia for a household your size.
If your income is below the state median, you pass the test. You can file Chapter 7. Many people qualify at this first step.
If your income is above the median, there’s a second part. The step takes your allowed monthly expenses into account. It figures out how much disposable income you have left. If there’s little or nothing left over after necessary expenses, you may still be eligible to file.
West Virginia Median Income Standards for Means Test (2025)
Income requirements vary by household size. Most households with income below these thresholds qualify for Chapter 7.
West Virginia Fee Waiver Eligibility (2025)
You’re eligible for a fee waiver when your income is under 150% the poverty level:
| Household Size | State Poverty Level | Fee Waiver Limit (150% PL) |
|---|---|---|
| 1 | $1,255.00 | $1,882.50 |
| 2 | $1,703.33 | $2,555.00 |
| 3 | $2,151.67 | $3,227.50 |
| 4 | $2,600.00 | $3,900.00 |
| 5 | $3,048.33 | $4,572.50 |
| 6 | $3,496.67 | $5,245.00 |
West Virginia Districts & Filing Requirements
West Virginia has two bankruptcy districts: the Northern District and the Southern District. You’ll need to file your bankruptcy case in the district where you live.
Find your county in the table below to see which district you’re in:
| District | Counties Served |
|---|---|
| Northern District of West Virginia | Barbour, Grant, Hardy, Pendleton, Lewis, Pocahontas, Randolph, Tucker, Upshur, Webster, Berkeley, Hampshire, Jefferson, Mineral, Morgan, Braxton, Calhoun, Doddridge, Gilmer, Harrison, Marion, Monongalia, Pleasants, Preston, Ritchie, Taylor, Brooke, Hancock, Marshall, Ohio, Wetzel, Tyler |
| Southern District of West Virginia | Boone, Cabell, Clay, Fayette, Greenbrier, Jackson, Kanawha, Lincoln, Logan, Mason, McDowell, Mercer, Mingo, Monroe, Nicholas, Putnam, Raleigh, Roane, Summers, Wayne, Wirt, Wood, Wyoming |
Northern District of West Virginia Requirements
If you live in the Northern District of West Virginia, you can file your bankruptcy forms in person, by mail, or online.
The court offers a helpful Pro Se Debtor Packet to guide you through the process.
To file in person, you can hand-deliver your completed forms to one of the following courthouses:
- Clarksburg Courthouse: U.S. Bankruptcy Court, 324 West Main Street, Clarksburg, WV 26301. Public hours: Wednesdays from 10:30 a.m. to 3:00 p.m. Call (304) 233-1655 ahead of time.
- Wheeling Courthouse: U.S. Bankruptcy Court, Frederick P. Stamp, Jr. Federal Building and U.S. Courthouse, 1125 Chapline Street, Wheeling, WV 26003
To file by mail, send your forms to: U.S. Bankruptcy Court, Frederick P. Stamp, Jr. Federal Building and U.S. Courthouse, P.O. Box 70, Wheeling, WV 26003
To file online, you can use the court’s Electronic Self-Representation (eSR) tool. It walks you through the Chapter 7 forms step by step. You have up to 45 days to complete everything.
After completing eSR, you still need to submit these documents by mail or in person:
- Your signed eSR Declaration form
- Your Statement of Social Security Number
- Your filing fee or a request to pay in installments
Your case isn’t officially filed until the court receives these documents. You’ll receive your case number then.
Pay Your Filing Fee in the Northern District
You can pay the $338 filing fee with a money order or cashier’s check made out to Clerk, U.S. Bankruptcy Court. You can mail your payment or bring it to the courthouse in person.
If you can’t pay the full fee up front, you can apply to pay in installments. If the court approves your plan, you’ll make payments online through Pay.gov. Use a bank account (ACH), debit card, PayPal, or Venmo.
The court doesn’t accept cash, personal checks, or credit cards.
Southern District of West Virginia Requirements
If you live in the Southern District of West Virginia, you can file your bankruptcy forms in person, by mail, or online.
The court offers a helpful Pro Se Pamphlet to guide you through the process.
To file in person, you can hand-deliver your forms to courthouses in Charleston, Beckley, Bluefield, or Huntington.
To file by mail, send your forms to: U.S. Bankruptcy Court, Robert C. Byrd U.S. Courthouse, 300 Virginia Street East, Room 3200, Charleston, West Virginia 25301
To file online, you can use the court’s Electronic Self-Representation (eSR) tool. It walks you through the Chapter 7 forms step by step. You have up to 45 days to complete everything.
After completing eSR, you still need to submit these documents by mail or in person:
- Your signed eSR Declaration form
- Your Statement of Social Security Number
- Your filing fee or a request to pay in installments
Pay Your Filing Fee in the Southern District
You can pay the $338 filing fee with cash (exact change), or a money order or cashier’s check made out to Clerk, U.S. Bankruptcy Court.
The court doesn’t accept personal checks or credit cards.
West Virginia Bankruptcy Exemptions
When you file for bankruptcy, you don’t lose everything. The law protects certain property through bankruptcy exemptions. Exemptions cover things like your home, car, household items, and retirement accounts. They protect either up to a certain value or in full. Property that’s protected by an exemption can’t be taken to pay your debts.
West Virginia has its own set of state exemptions. If you’ve lived in West Virginia for at least two years, you’ll need to use the state exemptions. You can’t use the federal ones. State exemptions include:
- Home or residence: Up to $35,000 in equity in your home, condo, or mobile home. Married couples filing together may double this amount
- Motor vehicle: Up to $7,500 in equity in one car or truck
- Wildcard: Up to $800 in any property, plus any unused portion of the homestead exemption
- Household goods: Up to $800 per item, with a total cap of $16,000 for things like furniture, appliances, clothing, books, and musical instruments
West Virginia Bankruptcy Lawyer Cost
Most Chapter 7 bankruptcy lawyers in West Virginia charge a flat fee between $1,500 and $3,500. The exact amount depends on how complex your case is. Attorney experience level matters too.
Hiring a lawyer is usually the biggest expense in a bankruptcy case. You don’t have to hire a lawyer to file your case. Some filers find the cost to be worth it. People who own a home or have other valuable assets often benefit from legal help.
You can speak with a bankruptcy attorney for free to discuss your options.
West Virginia Legal Aid Organizations
Legal aid organizations offer free or low-cost legal help. They serve people who can’t afford a private attorney. If you’re feeling unsure about the bankruptcy process, these groups may be able to help. You want legal advice. It’s worth reaching out to see if you qualify for assistance.