The Effects of West Virginia's Bankruptcy Exemption Statute on Resident Debtors

2 11 U.S.C. § 522(b)(1) (Supp.IV 1980) provides that property may be exempted "under subsection (d) of this section, unless the state law that is applicable to the debtor under paragraph (2)(A) of this subsection specifically does not so authorize...." ' W. VA.CODE § 38-10-4 (Supp.1983).The West Virginia bankruptcy exemptions are:(a) 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 accured dividend or interest under, or loan value of, any unmatured life insurance contract owned by the debtor