West Virginia Bankruptcy
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Michael G. Clagett
Clagett Law Office |
West Virginia businesses and Individuals may qualify to file for bankruptcy in a federal court under
West Virginia Chapter 7 (liquidation),
Chapter 11 (reorganization) or
Chapter 13 (reorganization). Clagett Law Office serves individuals and
small businesses within
counties of the
Northern District of West Virginia.
Bankruptcy in the United States is permitted by the United States
Constitution (Article 1, Section 8, Clause 4) which authorizes
Congress to enact "uniform Laws on the subject of Bankruptcies
throughout the United States." Congress has exercised this authority
several times since 1801, most recently by adopting the Bankruptcy
Reform Act of 1978, in Title 11 of the United States Code, commonly
referred to as the Bankruptcy Code. The Code has been amended
several times since 1978, most recently in 2005.
While bankruptcy cases are filed in United States Bankruptcy
Court (units of the United States District Courts), and federal law
governs procedure in bankruptcy cases, West Virginia bankruptcy laws
are applied when determining property rights. For example, law
governing the validity of liens or rules protecting certain property
from creditors (known as exemptions), derive from West Virginia
bankruptcy law. Because West Virginia state law plays a major role
in many bankruptcy cases, it is often unwise to generalize some
bankruptcy issues across state lines.
Eligibility for Bankruptcy in West Virginia is partly determined
by the
bankruptcy means test.
 West
Virginia Chapter 7 Bankruptcy
West
Virginia Chapter 11 Bankruptcy
West
Virginia Chapter 13 Bankruptcy
Related links:
Free
Bankruptcy Consultation
Personal
Bankruptcy
Small
Business Bankruptcy
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