H. B. 2698
(By Delegates G. Martin, Haskins and Calvert)
[Introduced February 23, 1995; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact section one, article nine, chapter
thirty-eight of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, and to amend and reenact
section four, article ten of said chapter, all relating to
increasing the homestead exemption.
Be it enacted by the Legislature of West Virginia:
That section one, article nine, chapter thirty-eight of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that section four, article
ten of said chapter be amended and reenacted, to read as follows:
ARTICLE 9. HOMESTEAD EXEMPTIONS.
§38-9-1. Persons entitled to homestead; value.
Any husband, wife, parent or other head of a household
residing in this state, or the infant children of deceased or
insane parents, owning a homestead shall by operation of law have
a homestead exemption therein equal to the appraised value of
five thousand dollars the property, subject to the provisions of
section forty-eight, article six of the constitution of this
state.
ARTICLE 10.FEDERAL TAX LIENS; ORDERS AND DECREES IN
BANKRUPTCY.
§38-10-4. Exemptions of property in bankruptcy proceedings.
Pursuant to the "Bankruptcy Reform Act of 1978," 92 Stat.
2549, 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 in the "Bankruptcy Reform Act of 1978," 92
Stat. 2549, 11 U.S.C. 522 (d).
Any person who files a petition under the "Bankruptcy Reform
Act of 1978" (Public Law 95-598) may exempt from property of the
estate in a bankruptcy proceeding the following property:
(a) All of the debtor's interest not to exceed seven
thousand five hundred dollars in value in real property or personal property that the debtor or a dependent of the debtor
uses as a residence, in a cooperative that owns property that the
debtor or a dependent of the debtor uses as a residence, or in a
burial plat for the debtor or a dependent of the debtor.
(b) The debtor's interest, not to exceed one thousand two
hundred dollars in value, in one motor vehicle.
(c) The debtor's interest, not to exceed two hundred dollars
in value in any particular item, in household furnishings,
household goods, wearing apparel, appliances, books, animals,
crops or musical instruments, that are held primarily for the
personal, family or household use of the debtor or a dependent of
the debtor: Provided, That the total amount of personal property
exempted under this subsection shall not exceed one thousand
dollars.
(d) The debtor's interest, not to exceed five hundred
dollars in value, in jewelry held primarily for the personal,
family, or household use of the debtor or a dependent of the
debtor.
(e) The debtor's interest, not to exceed in value four
hundred dollars plus any unused amount of the exemption provided under subsection (a) in any property.
(f) The debtor's interest, not to exceed seven hundred fifty
dollars in value, in any implements, professional books or tools
of the trade of the debtor or the trade of a dependent of the
debtor.
(g) Any unmatured life insurance contract owned by the
debtor, other than a credit life insurance contract.
(h) The debtor's interest, not to exceed in value four
thousand dollars less any amount of property of the estate
transferred in the manner specified in section 542 (d) of the
"Bankruptcy Reform Act of 1978" (Public Law 95-598), in any
accrued dividend or interest under, or loan value of, any
unmatured life insurance contract owned by the debtor under which
the insured is the debtor or an individual of whom the debtor is
a dependent.
(i) Professionally prescribed health aids for the debtor or
a dependent of the debtor.
(j) The debtor's right to receive:
(1) A social security benefit, unemployment compensation, or
a local public assistance benefit;
(2) A veterans' benefit;
(3) A disability, illness, or unemployment benefit;
(4) Alimony, support or separate maintenance, to the extent
reasonably necessary for the support of the debtor and any
dependent of the debtor;
(5) A payment under a stock bonus, pension, profit sharing,
annuity, or similar plan or contract on account of illness,
disability, death, age or length of service, to the extent
reasonably necessary for the support of the debtor and any
dependent of the debtor, unless:
(A) Such plan or contract was established by or under the
auspices of an insider that employed the debtor at the time the
debtor's rights under such plan or contract arose;
(B) Such payment is on account of age or length of service;
and
(C) Such plan or contract does not qualify under section
401(a), 403(a), 403(b), 408 or 409 of the Internal Revenue Code
of 1954.
(k) The debtor's right to receive, or property that is
traceable to:
(1) An award under a crime victim's reparation law;
(2) A payment on account of the wrongful death of an
individual of whom the debtor was a dependent, to the extent
reasonably necessary for the support of the debtor and any
dependent of the debtor;
(3) A payment under a life insurance contract that insured
the life of an individual of whom the debtor was a dependent on
the date of such individual's death, to the extent reasonably
necessary for the support of the debtor and any dependent of the
debtor;
(4) A payment, not to exceed seven thousand five hundred
dollars on account of personal bodily injury, not including pain
and suffering or compensation for actual pecuniary loss, of the
debtor or an individual of whom the debtor is a dependent; or
(5) A payment in compensation of loss of future earnings of
the debtor or an individual of whom the debtor is or was a
dependent, to the extent reasonably necessary for the support of
the debtor and any dependent of the debtor.
This section shall not be construed to affect the
applicability of any provision of the "Bankruptcy Reform Act of 1978" (Public Law 95-598) other than section 552(d).
NOTE: The purpose of this bill is to remove the dollar
limit on the homestead exemption.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.