West Virginia Bankruptcy Law (WV)

Preventing dismissals under West Virginia law and court procedures

For all people filing under West Virginia bankruptcy law, the most common reason for dismissal in Chapter 7 cases is a failure to attend the 341 meeting. This type of dismissal is also rare. In Chapter 13 cases, the most common reason for dismissal is a failure to make timely payments to the trustee. This basis of dismissal is rather common, because it is beyond the control of most debtors who loose employment, suffer personal injuries, file for unemployment, or contest divorce proceedings. Once a case is dismissed, re-filing is time barred for a period of 180 days.

The most pervasive myth regarding West Virginia cases pertains to future credit. Despite warnings and threats of large commercial creditors, a thriving industry serves the needs of people with poor credit, bad credit, and prior discharges appearing on their credit report. In practice, most people who file actually improve their credit rating in 18 months, once late payment reports stop, and only a few secured loans begin to reflect timely payments. Overall, filing is an important step toward financial recovery and ultimately creates opportunities and improves net worth, so long as the decision to file was made wisely.