2026 Regular Session
HB 5393
Relating to resident protection
In Committee
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill modifies West Virginia’s bankruptcy laws to allow a surviving spouse to claim the homestead exemption for a home jointly owned with the deceased spouse. It clarifies and expands existing exemptions for personal property, life insurance, and certain benefits, such as Social Security and veteran’s benefits, that are available to debtors. The bill also clarifies the application of federal bankruptcy exemptions under U.S. Code.
Key provisions
- Allows a surviving spouse to claim the homestead exemption for a jointly owned home.
- Expands exemptions for personal property, including household goods and tools of trade.
- Clarifies exemptions for life insurance contracts.
- Specifies exemptions for certain benefits, such as Social Security and veteran’s benefits.
- Provides an exemption for implements, professional books, or tools of the trade of the debtor or the trade of a dependent of the debtor.
- Includes an exemption for unmatured life insurance contracts.
- Allows for exemptions related to crime victim’s reparation laws and wrongful death payments.
- Aligns West Virginia law with federal bankruptcy exemptions under U.S. Code.
Who is affected
- Individuals filing for bankruptcy
- Surviving spouses
- Property owners
- Bankruptcy estates
- Individuals receiving certain benefits
Notable changes
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