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The Abuse Prevention Act adopted radical amendments to preexisting
West Virginia bankruptcy laws. In particular, debtors seeking discharge
through Chapter 7 were hit particularly hard.
As a condition of claiming West Virginia bankruptcy exemptions while
discharge debts, Chapter 7 debtors must now prove their income earned,
during the month before filing, was below the median stat income level.
West Virginia Courts verify income in all cases, using tax returns, pay
slips, and federal databases to compare FICA withholdings. The IRS
receives notice of filing in all cases, and to prevent dismissal, all
tax returns must be filed for all reporting years.
Additionally all debtors must also prove proof of completion of a
course in budget analysis and credit counseling during the 6 months
before filing. Failure to attend results in automatic dismal.
See also: West Virginia Homestead Exemption.
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