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What is Virginia Exemption for personal property in chapter 7

Ashburn, VA |

What is VA exemption for personal property in chapter 7?

Attorney Answers 4


  1. Generally, the personal property exemptions for Virginia are listed in Va. Code Section 34-26. There are other exemptions possible depending upon certain conditions, so you should speak with a bankruptcy attorney in your area to ensure you have claimed all exemptions you are entitled to claim. For instance, you may have real estate exemptions, agricultural exemptions, tools of the trade, etc.

    Here is a link to the Va. Code section noted above:
    http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+34-26

    Please note that this response is based upon the limited information available in the question. In addition, it is not intended to create an attorney/client relationship and is offered only as general information and not as legal advice.


  2. "personal property" covers a lot of items, so you need to be more specific. You also need to make sure that Virginia's exemption laws apply in your case. Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period.

    Mark Markus has been practicing exclusively bankruptcy law in California since 1991. He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization, AV-Rated by martindale.com, and A+ rated by the Better Business Bureau. His webpage is www.bklaw.com

    Legal disclaimer: Mark J. Markus practices law in California only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation.


  3. I highly recommend that you talk to an attorney and not do this on your own.

    The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here. Please visit my web site: www.avanesianlaw.com for more information about my services.


  4. See this article:
    http://www.bankruptcylawnetwork.com/what-can-i-keep-when-i-file-bankruptcy-in-virginia/

    Note that the car exemption has now been increased to $6000, and there is an exemption for one firearm up to $3000.

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