Va. Code » Title 34. Homestead and Other Exemptions » Chapter 2. Homestead Exemption of Householder
Virginia Code

Va. Code Ann. § 34-17 (2026)

When exemption may be set apart; garnished wages

✓ current as of May 2026
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A. The real or personal estate that a householder is entitled to hold as exempt may be set apart at any time before it is subjected by sale under creditor process or by a trustee in bankruptcy, or, if such creditor process does not require sale of the property, before it is turned over to the creditor.

B. A claim of homestead exemption to protect garnished wages may be filed by the debtor after the garnishment summons is served on the employer but prior to or upon the return date of the garnishment summons and shall be considered by the garnishing court.

Code 1919, § 6543; 1944, p. 489; 1974, c. 272; 1981, c. 580; 1985, c. 521; 1990, c. 942; 2003, c. 1000; 2005, c. 367; 2020, c. 328.

Notes of Decisions
Cited in 70 cases, 1950–2018 · leading case: In Re Smith, 45 B.R. 100 (Bankr. E.D. Va. 1984).
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In Re Smith, 45 B.R. 100 (Bankr. E.D. Va. 1984). · cites it 24× “Virginia *104 Code § 34-17 5 requires that the Virginia homestead exemption may be taken at any time before the property is subjected “by sale or otherwise” under legal process.”
In Re Heater, 189 B.R. 629 (Bankr. E.D. Va. 1995). · cites it 26× “Va.Code Ann. § 34-17 (Mi-chie 1990) (emphasis added).”
Bryant v. Smith, 165 B.R. 176 (W.D. Va. 1994). · cites it 14× “” Va.Code Ann. § 34-17 (Michie 1990). Virginia Code § 34-14, in turn, establishes the manner in which personal property is to be set apart — the filing of a homestead deed.”
In Re: Quy Van Nguyen, Debtor. Robert G. Mayer, Tr.-Appellant v. Quy Van Nguyen, Debtor-Appellee, 211 F.3d 105 (4th Cir. 2000). · cites it 7× “See Va.Code Ann. § 34-17. The bankruptcy court denied the objection, the district court affirmed, and the trustee now appeals.”
In Re Haynesworth, 145 B.R. 222 (Bankr. E.D. Va. 1992). · cites it 18× “Virginia Code § 34-17 provides for when a debtor may set apart a homestead exemption.”
Harris v. Banks (In Re Banks), 443 B.R. 708 (Bankr. W.D. Va. 2011). · cites it 46× “Code § 34-17(A) the Debtor’s property remains property of the estate and subject to administration by the Chapter 7 Trustee for the benefit of the creditors.”
In Re Wallace, 249 B.R. 677 (Bankr. W.D. Va. 2000). · cites it 6× “In order to properly set apart the homestead exemption, the debtor must comply with Code of Virginia § 34-17 and “set apart” the claimed exemption “on or before the *679 fifth day after the date initially set for the meeting of creditors held pursuant to 11 U.”
In Re Bernstein, 189 B.R. 113 (Bankr. W.D. Va. 1995). · cites it 18× “On August 16, 1994, the trustee in bankruptcy filed his objection to the debtor’s claim of exemption asserting that the homestead deed was not filed on or before the fifth day after the date initially set for the section 341 meeting as required by Va.Code Ann. § 34-17 (Miehie…”
In Re Gentry, 275 B.R. 747 (Bankr. W.D. Va. 2001). · cites it 6× “Although the Debtor filed no bankruptcy Schedule C, the Debtor did file a homestead deed pursuant to Va.Code § 34-17 on October 20, 1999 claiming her expected 1999 federal tax refund with an estimated value of $3,500.”
Lester Shackman Shirkey, Jr. v. John G. Leake, Tr., 715 F.2d 859 (4th Cir. 1983). · cites it 5× “” At the same time, and as required by Va.Code Ann. § 34-17, Shirkey filed a homestead deed listing his exempt property.”
Barzee v. Trammel (In Re Trammel), 63 B.R. 878 (Bankr. E.D. Va. 1986). · cites it 12× “Hence we do not agree that the language in Code § 34-17 means, as contended by Virginia National Bank, that property may not be set aside as exempt after it is subject to the lien of the judgment and after a garnishment proceeding has been instituted.”
Carr v. King (In Re Carr), 321 B.R. 702 (E.D. Va. 2005). · cites it 4× “2 Donald King, the Chapter 7 trustee, filed an *704 objection to the exemption, arguing that Carr was not entitled to a homestead exemption as he had failed to file a timely homestead deed as required by Virginia Code § 34-17. 3 Following a hearing, the bankruptcy court by order…”
Show all 70 citing cases →
— Va. Code Ann. § 34-17(1) — 1 case
In Re Preston, 96 B.R. 61 (Bankr. W.D. Va. 1989).
— Va. Code Ann. § 34-17(A) — 3 cases
Harris v. Banks (In Re Banks), 443 B.R. 708 (Bankr. W.D. Va. 2011). “Code § 34-17(A) the Debtor’s property remains property of the estate and subject to administration by the Chapter 7 Trustee for the benefit of the creditors.”
In Re Ahmed, 411 B.R. 537 (Bankr. E.D. Va. 2009).
In Re Neilsen, 427 B.R. 581 (Bankr. W.D. Va. 2010).
— Va. Code Ann. § 34-17(B) — 3 cases
Harris v. Banks (In Re Banks), 443 B.R. 708 (Bankr. W.D. Va. 2011). “Code § 34-17(A) the Debtor’s property remains property of the estate and subject to administration by the Chapter 7 Trustee for the benefit of the creditors.”
In Re Neilsen, 427 B.R. 581 (Bankr. W.D. Va. 2010).
In Re Benitez, 456 B.R. 765 (Bankr. W.D. Va. 2011).
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