Va. Code Ann. § 34-26

Poor debtor's exemption; exempt articles enumerated

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In addition to the exemptions provided in Chapter 2 (§ 34-4 et seq.), every householder shall be entitled to hold exempt from creditor process the following enumerated items:

1. The family Bible.

1a. Wedding and engagement rings.

2. Family portraits and family heirlooms not to exceed $5,000 in value.

3. (i) A lot in a burial ground and (ii) any preneed funeral contract not to exceed $5,000.

4. All wearing apparel of the householder not to exceed $1,000 in value.

4a. All household furnishings including, but not limited to, beds, dressers, floor coverings, stoves, refrigerators, washing machines, dryers, sewing machines, pots and pans for cooking, plates, and eating utensils, not to exceed $5,000 in value.

4b. Firearms, not to exceed a total of $3,000 in value.

5. All animals owned as pets, such as cats, dogs, birds, squirrels, rabbits, and other pets not kept or raised for sale or profit.

6. Medically prescribed health aids.

7. Tools, books, instruments, implements, equipment, and machines, including motor vehicles, vessels, and aircraft, which are necessary for use in the course of the householder's occupation or trade not exceeding $10,000 in value, except that a perfected security interest on such personal property shall have priority over the claim of exemption under this section. A motor vehicle, vessel, or aircraft used to commute to and from a place of occupation or trade and not otherwise necessary for use in the course of such occupation or trade shall not be exempt under this subdivision. "Occupation," as used in this subdivision, includes enrollment in any public or private elementary, secondary, or career and technical education school or institution of higher education.

8. Motor vehicles, not held as exempt under subdivision 7, owned by the householder, not to exceed a total of $10,000 in value, except that a perfected security interest on a motor vehicle shall have priority over the claim of exemption under this subdivision.

9. Those portions of a tax refund or governmental payment attributable to the Child Tax Credit or Additional Child Tax Credit pursuant to § 24 of the Internal Revenue Code of 1986, as amended, or the Earned Income Credit pursuant to § 32 of the Internal Revenue Code of 1986, as amended.

10. Unpaid spousal or child support.

The value of an item claimed as exempt under this section shall be the fair market value of the item less any prior security interest.

The monetary limits, where provided, are applicable to the total value of property claimed as exempt under that subdivision.

The purchase of an item claimed as exempt under this section with nonexempt property in contemplation of bankruptcy or creditor process shall not be deemed to be in fraud of creditors.

No officer or other person shall levy or distrain upon, or attach, such articles, or otherwise seek to subject such articles to any lien or process. It shall not be required that a householder designate any property exempt under this section in a deed in order to secure such exemption.

On April 1, 2027, and at each three-year interval ending on April 1 thereafter, each monetary limit in effect under this section immediately before such April 1 shall be adjusted to reflect the change in the Consumer Price Index for all urban consumers (CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor, for the most recent three-year period ending immediately before January 1 preceding such April 1, and rounded to the nearest $25, the dollar amount that represents such change. Adjustments made in this section shall not apply with respect to bankruptcy cases commenced before April 1, 2027.

Code 1919, § 6552; 1934, p. 371; 1936, p. 322; 1956, c. 637; 1970, c. 428; 1975, c. 466; 1976, c. 150; 1977, cc. 253, 496; 1990, c. 942; 1992, c. 644; 1993, c. 150; 2001, c. 483; 2002, c. 88; 2011, cc. 761, 835; 2015, c. 686; 2024, c. 656.

Notes of Decisions

Cited in 74 cases (3 in the last 5 years), 1980–2024 · leading case: In Re Hanes

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In Re Hanes (1994) vaeb · cites it 32× “1983) (emphasis added) (current version at Va.Code § 34-26 (Michie Supp.1993)). Additionally, at least one court in Virginia declined to adopt a restrictive view of the term "necessary.”

Shearer v. Crestar Bank (In Re Shearer) (1991) vawb · cites it 63× “Code § 34-28 voids nonpurchase-money security interests in property claimed exempt pursuant to Va.Code § 34-26. The debtor also filed a motion to avoid Crestar’s lien pursuant to 11 U.”

In Re Meyer (1997) vaeb · cites it 17× “§ 34-4 and the “poor debtor’s” exemption in Va.Code Ann. § 34-26. Under the homestead exemption, a “householder”—defined as any resident of Virginia—may hold up to $5,000 of real or personal property exempt by filing for record an instrument known as a homestead deed in the…”

Monticello Arcade Ltd. Partnership v. Lyall (In Re Lyall) (1996) vaed · cites it 23× “Finally, Debtor listed his Acura Legend as exempt under Virginia’s “Poor Debtor’s Exemption,” Va. Code Ann. § 34-26 . Monticello filed a timely objection to these exemptions.”

In Re Stoney (2011) vaeb · cites it 28× “Va.Code Ann. § 34-26. In addition, a debtor may, under what is commonly referred to as the homestead exemption, protect up to $5,000 of real or personal property not otherwise exempt by recording an instrument (known as a homestead deed) describing that property in the city or…”

In Re Scott (1996) vaeb · cites it 17× “Since the necklace is not described in the schedules as an heirloom, the court cannot, in the absence of testimony or other evidence establishing its status as an heirloom, find that a proper basis exists for exempting the necklace under Va.Code Ann. § 34-26. Therefore, the…”

Bryant v. Smith (1994) vawd · cites it 13× “The bankruptcy court found, however, that §§ 34-14 and 34-17 did not apply to the poor debtor’s exemption of Virginia Code § 34-26. In so ruling, the bankruptcy court recognized, but declined to follow, a contrary decision from this court, Myers v.”

In Re Allen (1985) vaeb · cites it 24× “In addition, the debtor sought to exempt under the “poor debtor’s” exemption pursuant to Virginia Code § 34-26 (Repl.Vol. 1984) among other things three vehicles which the debtor claims are used in his trade as a carpenter/general contractor.”

In Re Perry (1980) vawb · cites it 7× “The Trustee objects to the exemption contending this item of property does not come within the purview of the Virginia Exemption Statute § 34-26 Code of Virginia as amended. 1 *264 The Trustee lays claim to the coat as an asset contending such item is not a “necessary” item of…”

In Re Johnson (1995) vaeb · cites it 13× “00 exemption in the same personalty by way of the “poor debtor’s exemption” found in § 34-26. The section relied upon permits the debtor to hold exempt from creditor process certain enumerated items, including: A motor vehicle, not held as exempt under subdivision (7), owned by…”

In Re Maginnis (1982) vaeb · cites it 19× “If the property at issue qualifies for exemption under Va.Code § 34-26 and, by virtue of having been exempted by Homestead Deed at the inception of the case, has not passed into the bankruptcy estate, the debtors may amend their Schedule B-4 to reflect the change in exemption…”

In re Fenessy (1993) vaed · cites it 28× “In addition, the trustee argues that the exemption allowed under Va.Code § 34-26 does not apply to a vehicle worth in excess of $2,000, nor to the proceeds of the sale of such a vehicle.”

Show all 74 citing cases →

— Va. Code Ann. § 34-26(1) — 1 case

In Re Stoney (2011) vaeb “Va.Code Ann. § 34-26. In addition, a debtor may, under what is commonly referred to as the homestead exemption, protect up to $5,000 of real or personal property not otherwise exempt by recording an instrument (known as a homestead deed) describing that property in the city or…”

— Va. Code Ann. § 34-26(2) — 4 cases

In Re Scott (1996) vaeb “Since the necklace is not described in the schedules as an heirloom, the court cannot, in the absence of testimony or other evidence establishing its status as an heirloom, find that a proper basis exists for exempting the necklace under Va.Code Ann. § 34-26. Therefore, the…”

Bryant v. Smith (1994) vawd “The bankruptcy court found, however, that §§ 34-14 and 34-17 did not apply to the poor debtor’s exemption of Virginia Code § 34-26. In so ruling, the bankruptcy court recognized, but declined to follow, a contrary decision from this court, Myers v.”

In Re Pullman (2004) vaeb

In Re Sempeles (2012) vawb

— Va. Code Ann. § 34-26(4) — 4 cases

In Re Meyer (1997) vaeb “§ 34-4 and the “poor debtor’s” exemption in Va.Code Ann. § 34-26. Under the homestead exemption, a “householder”—defined as any resident of Virginia—may hold up to $5,000 of real or personal property exempt by filing for record an instrument known as a homestead deed in the…”

In Re Hanes (1994) vaeb “1983) (emphasis added) (current version at Va.Code § 34-26 (Michie Supp.1993)). Additionally, at least one court in Virginia declined to adopt a restrictive view of the term "necessary.”

In Re Perry (1980) vawb “The Trustee objects to the exemption contending this item of property does not come within the purview of the Virginia Exemption Statute § 34-26 Code of Virginia as amended. 1 *264 The Trustee lays claim to the coat as an asset contending such item is not a “necessary” item of…”

— Va. Code Ann. § 34-26(4a) — 5 cases

In Re Latham (1995) vawb

Hicks v. Washington Mutual Finance (In re Hicks) (2001) vawb

In re Kramer (2011) vaeb

— Va. Code Ann. § 34-26(5) — 3 cases

In Re Weinstein (1995) vaeb

Dominion Bank of the Cumberlands v. Nuckolls (1987) vawd

— Va. Code Ann. § 34-26(6) — 1 case

In Re Stroble (1991) vawb

— Va. Code Ann. § 34-26(7) — 10 cases

Shearer v. Crestar Bank (In Re Shearer) (1991) vawb “Code § 34-28 voids nonpurchase-money security interests in property claimed exempt pursuant to Va.Code § 34-26. The debtor also filed a motion to avoid Crestar’s lien pursuant to 11 U.”

Monticello Arcade Ltd. Partnership v. Lyall (In Re Lyall) (1996) vaed “Finally, Debtor listed his Acura Legend as exempt under Virginia’s “Poor Debtor’s Exemption,” Va. Code Ann. § 34-26 . Monticello filed a timely objection to these exemptions.”

In Re Ottoway (1994) vaeb

In Re Johnson (1995) vaeb “00 exemption in the same personalty by way of the “poor debtor’s exemption” found in § 34-26. The section relied upon permits the debtor to hold exempt from creditor process certain enumerated items, including: A motor vehicle, not held as exempt under subdivision (7), owned by…”

— Va. Code Ann. § 34-26(8) — 11 cases

In re Fenessy (1993) vaed “In addition, the trustee argues that the exemption allowed under Va.Code § 34-26 does not apply to a vehicle worth in excess of $2,000, nor to the proceeds of the sale of such a vehicle.”

In Re Bonner (1997) vaeb

In Re: Quy Van Nguyen, Debtor. Robert G. Mayer, Trustee-Appellant v. Quy Van Nguyen, Debtor-Appellee (2000) ca4

— Va. Code Ann. § 34-26(la) — 4 cases

Hicks v. Washington Mutual Finance (In re Hicks) (2001) vawb

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