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Bankruptcy in Delaware: Exemptions and Filing Guide

State-specific bankruptcy exemptions and filing information for Delaware. These exemptions determine what property you can keep when filing Chapter 7 bankruptcy.

Data last updated: Jan 15, 2025

Key Takeaways

  • Homestead exemption: $125,000 (must reside in the property).
  • Vehicle exemption: $15,000.
  • Must use state exemptions (no federal option).
  • Attorney fees: $1,200–$2,000 (Ch. 7) / $3,000–$4,500 (Ch. 13) typical.
$125,000 (must reside in the property) Homestead exemption
$15,000 Vehicle exemption
No Federal option
$338 (Chapter 7) / $313 (Chapter 13) Filing fee

Delaware Bankruptcy Exemptions

  • Homestead$125,000 (must reside in the property)
  • Vehicle$15,000
  • Personal property$10,000 total personal property
  • WildcardNone
  • Federal exemptionsNot available

Means Test: Delaware Median Income

To qualify for Chapter 7 in Delaware, your income must be below the state median or you must pass the means test showing no disposable income for creditors.

  • 1 person$63,850
  • 2 people$78,600
  • 3 people$90,200
  • 4 people$104,400

Filing Costs

  • Court filing fee$338 (Chapter 7) / $313 (Chapter 13)
  • Typical attorney fee$1,200–$2,000 (Ch. 7) / $3,000–$4,500 (Ch. 13)
  • Court districtsDistrict of Delaware

Delaware bankruptcy court

Related Resources

Frequently Asked Questions

  • What is Delaware's homestead exemption?

    Delaware provides up to $125,000 in homestead protection for your primary residence.

  • Can I use federal exemptions in Delaware?

    No. Delaware has opted out of the federal exemption system. You must use Delaware state exemptions.

  • What is Delaware's vehicle exemption?

    Delaware allows a $15,000 exemption for a motor vehicle, which is relatively generous.

  • How are joint filings handled in Delaware?

    Married couples filing jointly can typically double exemption amounts, protecting more combined assets.

Legal Disclaimer: FreeNetLaw provides general legal information, not legal advice. The information on this site is not a substitute for consultation with a licensed attorney. Laws vary by jurisdiction and change frequently. Always verify information with official sources and consult a qualified attorney for advice about your specific situation.

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