Delaware Bankruptcy Laws

Federal filing fee for Chapter 7 bankruptcy. Fee waivers are available for qualifying low-income filers.

Federal filing fee for Chapter 13 bankruptcy.

You must complete credit counseling from an approved agency within 180 days before filing and a debtor education course before discharge.

You must have lived in Delaware for at least 730 days (2 years) to use Delaware's state exemptions. If not, the exemption laws of your previous state may apply.

Protects up to $200,000 of equity in your primary residence or manufactured home. This amount is not doubled for married couples filing jointly.

Protects personal property (other than your principal residence) with an aggregate fair market value of up to $25,000. This includes household goods, furniture, clothing, and other possessions.

Protects tools necessary for your business or profession, including a vehicle, up to $25,000 each (increased from $15,000).

Certain property is fully exempt regardless of value: the family Bible, school books, family library, family pictures, a church pew, a burial lot, and all wearing apparel of the debtor and family.

Delaware opts out of federal bankruptcy exemptions. Filers must use Delaware's state exemption laws, which may be more or less favorable than federal exemptions depending on individual circumstances.