West Virginia has opted out of the federal exemptions, but the
opt-out applies only to West Virginia domiciliaries. “Pursuant to
the provisions of 11 U.S.C. §522(b)(1), this state specifically
does not authorize debtors who are domiciled in this state to
exempt the property specified under the provisions of 11 U.S.
C. §522(d).” W. Va. Code § 38-10-4.
Therefore, if West Virginia is the applicable state (as
determined by the method stated on the home page of this
site), the debtor may use the federal exemptions if the debtor
is not a resident of this state on the date of filing bankruptcy.
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