How to File Bankruptcy in West Virginia

Federal law governs bankruptcy procedures in every state. If you live in West Virginia and want to file for bankruptcy, you must go through one of two courts: the Northern District Court or the Southern District Court. West Virginia law does not require you to hire an attorney to file for bankruptcy; however, court personnel may not advise you or help you fill out your bankruptcy petition or related forms. Bankruptcies stay on your credit record for 10 years; only file as a last resort if you cannot expect to pay back your debt over the course of your lifetime.

Instructions

1

Determine which court you must deal with to file bankruptcy. West Virginia has two districts: the Northern district and Southern district. Residents in the following counties will file in the Northern district: Barbour, Berkley, Braxton, Brooks, Calhoun, Doddridge, Grant, Gilmore, Hampshire, Hancock, Hardy, Harrison, Jefferson, Lewis, Marion, Marshall, Mineral, Monongalia, Morgan, Ohio, Pendleton, Pleasants, Pocahontas, Preston Ritchie, Randolph, Taylor, Tucker, Tyler, Upshur, Webster or Wetzel. Otherwise you will conduct your business at the Southern District Court.

2

Attend a session with an approved credit counselor. You can get a list of approved counselors in West Virginia from the website for the Northern District Bankruptcy Court. Under federal law, you must get credit counseling within 180 days of filing your petition for bankruptcy.

3

Obtain bankruptcy forms. You may download the forms from the United States Court's Forms website. Office supply stores also sell these forms.

4

Complete the petition for bankruptcy. On the petition, provide general information such as your name, address and Social Security number. If you and your spouse are filing jointly, include your spouse's information on the first page of the petition as well. File for either Chapter 7 or Chapter 13 bankruptcy using this petition. Chapter 7 bankruptcy involves liquidating your assets to pay your debts while Chapter 13 bankruptcy involves setting up a structured repayment plan to pay back your debts. Check Exhibit D on the third page of the petition to indicate that you have completed credit counseling. Sign the Exhibit D paper and attach it to the petition before signing the petition.

5

Provide financial information on Schedules A through J and attach the schedules to the petition. List all sources of income, assets and debts on these forms. Put your full legal name at the top of each page of each schedule in case the forms become separated from your petition when you file.

6

Answer questions 1 through 18 on the statement of financial affairs. If you own a business, answer questions 19 through 25 as well. Fill out one statement with your spouse, answering questions for both of you, if you file jointly. Sign and date the form. If you file jointly, your spouse must sign and date this form as well.

7

Complete the means test calculation if you are filing Chapter 7. You cannot file Chapter 7 if you make more than the median income for West Virginia. Follow the instructions on the form to determine whether you qualify for Chapter 7. If you qualify, complete a statement of intention listing all your property and what you intend to do with it.

8

Attend an approved course in financial management. This is a separate course from the credit counseling you attended earlier. You can find a list of approved courses on the Northern District Bankruptcy Court website. Obtain proof of enrollment and attach it to your petition.

9

Type a creditor list, also called a matrix by West Virginia bankruptcy courts. List each creditor to whom you owe money. Single space each creditor's information but leave a double space between creditors. Type only one side of the paper. Attach the final matrix to your petition.

10

Sign a statement indicating you prepared the bankruptcy forms without the aid of an attorney. If you have consumer debt, sign a notice to consumer debtors.

11

Make copies of all the forms and file the originals at the courthouse that serves your district. Pay the filing fee when you file the paperwork. As of 2010, it costs $299 to file for Chapter 7 bankruptcy and $274 to file for Chapter 13 bankruptcy. Pay using a cashier's check or cash, as the bankruptcy court does not accept personal checks. If you cannot afford to pay the fee, obtain an application and order to pay the filing fee in installments. Complete this paper and attach it to your petition when you file.

12

Wait for your notice of bankruptcy to come in the mail. The notice lists the date and time of your meeting with creditors and the name of your bankruptcy trustee.

13

Make copies of your last tax return and your most recent pay stub to send to your bankruptcy trustee and any creditors who request it. Send these copies to the appropriate people at least seven days before your meeting.

14

Attend the meeting of creditors on the scheduled day and time. Answer questions from your bankruptcy trustee to the best of your ability. Do not lie or omit information.

15

Check your mail for your discharge of debts if you file Chapter 7 or your approval of your restructured payment plan if you file Chapter 13. Make all restructured payments on time to discharge your debts under Chapter 13.

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