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United States Bankruptcy Court, Southern District of West Virginia

4th Circuit Charleston, West Virginia

About This Court

The United States Bankruptcy Court for the Southern District of West Virginia is a unit of the United States District Court for the Southern District of West Virginia, operating within the Fourth Circuit. The court has jurisdiction over bankruptcy cases filed under Title 11 of the United States Code by debtors residing in or having a principal place of business in the southern portion of West Virginia.

The Southern District of West Virginia covers a substantial geographic area that includes Charleston, Huntington, Beckley, and surrounding counties in the southern and western parts of the state. The district is served primarily from its courthouse in Charleston, the state capital.

The court handles all chapters of bankruptcy, including Chapter 7 liquidation, Chapter 11 reorganization, Chapter 12 family farmer and fisherman cases, and Chapter 13 individual debt adjustment cases. The region's economic history, tied significantly to coal mining and related industries, has historically influenced the character of the court's docket.

Handles cases filed under the federal Bankruptcy Code within the jurisdiction of the Southern District of West Virginia. Bankruptcy judges are appointed by the court of appeals for 14-year terms. Proceedings are governed by the Federal Rules of Bankruptcy Procedure.

Caseload

The court's docket reflects the economic conditions of southern West Virginia, including consumer Chapter 7 and Chapter 13 filings as well as cases involving energy sector and coal-related businesses. Chapter 11 filings from coal mining companies have periodically been a notable feature of the court's caseload.

Bar Admission

Attorneys must be admitted to practice before the United States District Court for the Southern District of West Virginia to appear before the bankruptcy court. Admission to the district court's bar is a prerequisite for filing cases and appearing in proceedings in this court.

Clerk's Office

300 Virginia Street East, Charleston, WV 25301

(304) 347-3003

Local Rules

The Local Rules of the United States Bankruptcy Court for the Southern District of West Virginia, which supplement the Federal Rules of Appellate Procedure. See the court's official website for the authoritative text.

General Rules 73

RuleTitle
LR 1.01 / LR 9029-1 Effective Date / Scope and Construction of Rules
LR 1.03 / LR 9029-2 Rescission of Prior General Orders
LR 2.01 / LR 5001-2 Sessions of Court
LR 2.02 / LR 1072-1 Division of Business; Change of Venue
LR 2.03 / LR 1071-1 Divisions
LR 2.04 / LR 5001-2 Place of Filing
LR 2.05 / LR 5081-1 Payment of Fees
LR 2.07 / LR 1073-1 Assignment of Case and/or Adversary Proceeding
LR 2.08 / LR 7004-1 Service on Counsel for Debtor(s) Required
LR 2.09 / LR 4002-1 Duties of Pro Se Debtor
LR 2.10 / LR 4002-2 Notice of Change of Debtor's Address
LR 2.11 / LR 9072-1 Proposed Orders and Stipulations
LR 2.12 Summary of Orders
LR 2.13 / LR 5005-1 Rejection of Pleadings
LR 2.14 / LR 5003-2 Removal of Papers from Custody of Clerk
LR 2.15 / LR 5005-4 Facsimile Practice
LR 2.16 / LR 5003-3 BANCAP System of Notice and Docketing
LR 3.01 / LR 1002-1 Commencement of Case
LR 3.02 / LR 1007-1 Filing of Petitions and Required Documents
LR 3.03 / LR 1007-4 Extensions of Time to File Statements and Schedules
LR 3.04 / LR 1007-5 Cost of Preparation of Lists, Schedules or Statement of Affairs by Person Other than Debtor
LR 3.05 / LR 1007-6 Deficiencies in Filing Petitions, Schedules and Statement of Affairs
LR 3.06 / LR 1007-2 The Mailing Matrix
LR 3.07 / LR 1010-1 Involuntary Petition
LR 3.08 / LR 5080-1 Filing Fee
LR 3.09 / LR 2002-1 Instructions to Employers Regarding Wages
LR 3.10 / LR 1015-1 Procedural and Substantive Consolidation
LR 3.11 / LR 1009-1 Amendment Practice
LR 3.12 / LR 1019-1 Conversion of a Chapter 11 or 13 Case to a Chapter 7 Case
LR 3.13 / LR 5071-1 Continuances
LR 3.14 / LR 2004-1 Rule 2004 Examinations
LR 3.15 / LR 9016-1 Subpoena Practice
LR 3.16 / LR 1007-3 Surrender of Secured Property
LR 3.17 / LR 2016-1 Fee Applications
LR 3.18 / LR 4004-1 Discharge Hearing
LR 3.19 / LR 5010-1 Reopening Practice
LR 4.01 / LR 2003-1 Section 341 Meeting of Creditors
LR 4.02 / LR 9034-1 Service of Pleadings Upon United States Trustee
LR 5.01 / LR 3017-1 Notice of Hearing on Disclosure Statement and Plan to be Sent by Counsel for Proponent
LR 5.02 / LR 3018-1 Ballots on Plans
LR 5.03 / LR 5.04 / LR 5.05 / LR 2015-2 Operating Order / Closing of Case / Post-Confirmation Quarterly Reports Required
LR 6.01 / LR 2083-1 Wage Withholding
LR 6.02 / LR 2083-2 Filing of Plan; Commencing of Payments and Payments to Secured Creditors
LR 6.03 / LR 2083-3 Notice of 341(a) Meeting of Creditors; Objections to Plan; Valuation of Property; and Trustee's Recommendation on Confirmation
LR 6.04 / LR 2083-4 Distributions
LR 6.05 / LR 2083-5 Dismissal or Conversion
LR 7.01 / LR 3001-1 Filing and Serving
LR 7.02 / LR 3007-1 Filing and Serving of Objections
LR 8.01 / LR 9013-1 Motion and Notice Practice Generally
LR 8.02 / LR 4001-1 Motion to Modify Automatic Stay
LR 8.03 / LR 4001-2 Motion to Use Cash Collateral
LR 8.04 / LR 4001-3 Motion to Obtain Credit
LR 8.05 / LR 4008-1 Reaffirmation Agreements
LR 8.06 / LR 6004-1 Use, Sale, or Lease of Property Other than in the Ordinary Course of Business
LR 8.07 / LR 6006-1 Assumption, Rejection and Assignment of Executory Contracts
LR 8.08 / LR 6007-1 Abandonment of Estate Property in Chapter 7 Cases
LR 8.09 / LR 6008-1 Redemption
LR 8.10 / LR 4003-2 Lien Avoidance
LR 8.11 / LR 3012-1 Motion to Value
LR 8.12 / LR 2083-6 Chapter 13 Motion and Notice Practice
LR 8.13 / LR 4070-1 Maintenance of Insurance on Secured Property
LR 9.01 / LR 7001-1 Scope
LR 9.02 / LR 7003-1 Complaint and Cover Sheet
LR 9.03 / LR 7001-2 Filing Fee
LR 9.04 / LR 7004-2 Summons and Service of Process
LR 9.06 / LR 7008-1 Statement of Core or Non-Core
LR 9.07 / LR 7016-1 Time Frame Order
LR 9.08 / LR 9019-1 Compromise and Settlement
LR 9.09 / LR 7065-1 Injunctive Relief
LR 9.10 / LR 9027-1 Removals and Remand
LR 9.11 / LR 7041-1 Dismissal
LR 1014-2 Venue - Change of
LR 7012-1 Core/Non-Core Designation (Responsive Pleadings)

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