You Don’t Have to Face This Alone. Let’s Talk About Your Options

Welcome To Hinkle Law, PLLC

Unwavering bankruptcy support in Martinsburg, WV.

Facing financial hardship is never easy. Filing for bankruptcy is a major decision that comes with fear, uncertainty, and the need for careful research. At Hinkle Law, PLLC, we understand the difficulty of this moment. That’s why our practice is dedicated to helping people like you find answers to your questions and overcome the weight of debt.

Our skilled bankruptcy lawyers have over two decades of experience navigating the complexities of debt, establishing viable plans of action, and helping our clients return to living stress-free lives.

Meet Our Team


Don’t let bankruptcy laws overwhelm you. Let us help guide you through the best course of action for your peace of mind.

What Are My Bankruptcy Options In West Virginia?

There are different types of bankruptcy, and the right choice depends on your unique financial situation. Our capable team will thoroughly analyze all aspects of your financial affairs and help you determine the best way forward. Whether you need a Chapter 7 bankruptcy lawyer or a Chapter 13 bankruptcy lawyer, we’re here for you.

Petition to File for Bankruptcy document with a gavel, signifying legal action.

Bankruptcy is a legal proceeding that helps debtors get a fresh start by discharging their debts. The bankruptcy process begins with the debtor filing a petition with the bankruptcy court. The petition includes information about the debtor's assets, liabilities, and income.

Once the petition is filed, the court appoints a trustee to oversee the case. The trustee's job is to collect and sell the debtor's non-exempt assets and use the proceeds to pay the creditors. Creditors also have an opportunity to file claims against the debtor. These claims are then either discharged or reorganized by the court. After all claims have been resolved, the debtor is discharged from their debts and can begin rebuilding their financial life.

Bankruptcy can be complex and time-consuming, which is why guidance from a qualified attorney at Hinkle Law, PLLC is essential.

Bankruptcy document with 'Chapter 7' and a gavel on a clipboard.

Chapter 7 is the most common form of bankruptcy. This is because it is relatively easy and quick to complete. In most cases, it can take a mere few months from start to finish. Less time also usually means a cheaper price for consumers.

In Chapter 7, your total assets are tallied, and non-essential assets are sold off to settle your debts.

While it is possible to lose your car or home through Chapter 7, if you are up to date on payments and your home’s equity is within West Virginia’s limits, you will likely be able to hold on to your home and vehicle.

Clipboard with 'BANKRUPTCY CHAPTER 13' and a red pen.

In most cases, Chapter 13 bankruptcy is a more lengthy and expensive process. However, it is appealing to consumers because assets don’t necessarily need to be lost. To prevent home foreclosure or car repossession when facing financial hardship, you can often establish a three to five-year repayment plan.

This allows you to settle some or all outstanding debts with creditors – ensuring you retain ownership of your assets.

Filing bankruptcy can mean wiping the slate clean of some of your debts. Things like credit card debts, personal loans, and medical bills can be removed from your list of financial obligations. It is important to remember that some debts can’t be discharged, such as spousal or child support, recent tax debt, and student loans.

Client Testimonials


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“Hinkle Law was great to work with. They were very responsive and got back to me in a timely manner. I would definitely 100% recommend.”

– Erica S.

Why Choose Hinkle Law, PLLC?

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With over 22 years of experience handling bankruptcy cases across West Virginia, Hinkle Law, PLLC offers personalized legal support and clear communication at every stage of your case. Our goal is to help you confidently understand your financial options and guide you toward a stronger financial future.

Call Hinkle Law, PLLC For Financial Answers

Your online search for a “bankruptcy lawyer near me" ends here. Speak with a member of our team to learn more about your financial options.


Are you ready to begin the process of getting back on track with bankruptcy?


Contact Hinkle Law, PLLC today at (304) 944-0571 so we can answer your questions and provide you with the peace of mind you deserve.


How To Find Us?

At Hinkle Law, PLLC, we are committed to helping people get a fresh start. No matter your financial circumstances, there is always a path out of debt. Let us help you find the best way forward.


Address: 115 Aikens Center, Suite 17, Martinsburg, WV 25404


Phone: (304) 596-2423


Office Hours:
Monday - Friday (9am – 5pm) EST
(No Weekends Or Appointments.)


Schedule Your Initial Case Evaluation Now

Frequently Asked Questions


A: Typically, to file for Chapter 7 bankruptcy in West Virginia, there is a court filing fee of $338 plus attorney’s fees based on complexity and location. In some cases, individuals may qualify for fee waivers depending on their financial situation.

A: You are allowed to protect certain assets through exemptions, including a homestead exemption of up to $25,000 in equity for a primary residence, vehicle equity, household goods, retirement accounts, and some personal property. Such exemptions help you retain essential belongings while eliminating eligible debts.

A: In the case of Chapter 7, the person filing pays the attorney fees, which are usually paid upfront before the case is filed. For Chapter 13, attorneys fees can be included in the repayment plan. In certain cases, payment plans may be available based on financial needs.

A: Whether or not you keep your home depends on your equity, mortgage status, and exemption laws. If you are up-to-date on payments and your equity is within West Virginia’s exemption limit, you may keep your home. However, if you’re behind or have significant equity, the trustee may sell it to repay creditors.

A: There are actually several types or chapters of bankruptcy, with Chapters 7, 13, and 11 being the most common. At Hinkle Law, we focus our practice on consumer or non-business bankruptcies. For consumers, Chapters 7 and 13 are the most common types of bankruptcy.

A: Yes. Bankruptcy can stop all collection actions, including credit collection harassment. In fact, many of our clients come to us seeking relief from the relentless phone calls they receive from credit collection companies. However, you don’t need to file for bankruptcy to get relief from credit collection. There are several state and federal laws that govern credit collection, and you have rights under those laws as well.
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