Bankruptcy in Delaware
In Delaware you use state exemptions only (exemptions are the property the law lets you keep). Your home (homestead): $200,000 of equity in your principal residence (a house, other real property, or a manufactured home you live in).
You file in the U.S. Bankruptcy Court for the District of Delaware.
Checked against official sources: October 25, 2026. · Free letter and checklist ↓
What you can keep in Delaware
Exemptions are the property the law lets you keep. You use the Delaware list. The federal list is not available in Delaware.
Law: Del. Code tit. 10, § 4914(a)
| What | Delaware exemption |
|---|---|
Home (homestead) | $200,000 of equity in your principal residence (a house, other real property, or a manufactured home you live in) The $200,000 is a total for the home in an individual or a joint case. Married couples filing together do not get $400,000. You cannot use this exemption if the bankruptcy court finds you owe a debt from securities-law violations, securities fraud, or a criminal act, intentional tort, or willful or reckless misconduct that caused serious physical injury or death in the last 5 years. Law: Del. Code tit. 10, § 4914(c)(1), (d), (e) |
Car or other vehicle | $25,000 per debtor in a vehicle needed for work Law: Del. Code tit. 10, § 4914(c)(2), (d) |
Household goods and clothing | All clothing of you and your family; the family Bible, school books, family library and family pictures; a church pew and a burial lot (no dollar limit). A sewing machine used by a family. A head of household can also keep other personal property of their choice worth up to $500. Law: Del. Code tit. 10, §§ 4902(a), (c), 4903, 4904 |
Wildcard (any property) | $25,000 per debtor in any personal property and/or equity in real estate other than your principal residence (aggregate fair market value) Law: Del. Code tit. 10, § 4914(b), (d) |
Tools of your trade | $25,000 per debtor in tools of the trade needed for work (separate from the vehicle exemption). A smaller general rule also exempts trade tools up to $75 in New Castle and Sussex Counties and $50 in Kent County. Law: Del. Code tit. 10, §§ 4914(c)(2), (d), 4902(b) |
Wages | 85% of wages are exempt from attachment (does not apply to collection of state fines, costs or taxes; does not cover self-employment income). Law: Del. Code tit. 10, § 4913 |
Retirement accounts | Retirement plans and accounts (401(k), 403(b), IRA, Roth IRA, 457 and similar), including inherited plans, are exempt. Rollover money is protected for 60 days. Not protected against a qualified domestic relations order (QDRO) or fraudulent-transfer claims. Law: Del. Code tit. 10, § 4915 |
Public benefits | Unemployment benefits are exempt (except for necessaries bought while unemployed and child support). Workers' compensation is exempt from creditors (except child support). State public assistance cannot be taken by creditors and is protected in bankruptcy. Law: Del. Code tit. 19, § 3374 |
Other exemptions |
Law: Del. Code tit. 10, § 4915(a); Del. Code tit. 10, § 4916 |
Amounts: August 2, 2024 (84 Del. Laws c. 329, House Bill 318, raised the homestead from $125,000 to $200,000 and the vehicle and tools amounts from $15,000 to $25,000 each). Delaware amounts are set by statute and are not indexed.
The means test in Delaware: first step
Official Form 122A-1 compares your household's yearly income with the median income in Delaware. Here are the official medians:
- 1 person$69,515
- 2 people$94,877
- 3 people$111,273
- 4 people$132,244
- Each extra person+$11,100
Applies to cases filed on or after April 1, 2026. 1 = one earner; 2, 3, 4 = people in the household; add = amount added for each person over 4
Where to file in Delaware
You file in the district where you lived (your domicile) for most of the last 180 days. All of Delaware is one district with one courthouse in Wilmington, so every Delaware filer uses the same court.
Law: 28 U.S.C. 1408
Divisions: One courthouse for the whole state: 824 N. Market St., 3rd Floor, Wilmington, DE 19801
Clerk's phone: 302-252-2900
Free help in Delaware
- Legal Services Corporation of Delaware (LSCD) – helps low-income people with Chapter 7 and Chapter 13 bankruptcy · (302) 575-0408
- Delaware Legal Help Link (joint intake for DVLS, CLASI, LSCD and the state bar)
- Community Legal Aid Society, Inc. (CLASI)
- Delaware State Bar Association Online Lawyer Referral Service ($35 for a 30-minute first meeting)
- Find free legal aid at LawHelp.org
- U.S. Bankruptcy Court for the District of Delaware – Court's self-help page
Free letter and checklist
Letter: tell a creditor you filed bankruptcy
Notice to a creditor or debt collector with your case number, court, filing date and chapter.
Checklist: what to gather before you file
Income, tax returns, debts, property and budget papers the federal forms ask about, with Delaware's courts.
Bankruptcy in Delaware by topic
Exemptions in Delaware
Home, car, household goods, wildcard and more, with the law for each.
The means test in Delaware
The official median income and the first-step check.
Where to file in Delaware
The bankruptcy courts, divisions, fees and the 341 meeting.
Good to know in Delaware
- Delaware does not allow the federal exemption list. You must use Delaware's exemptions.
Law: Del. Code tit. 10, § 4914(a)
- The home exemption is capped at $200,000 per case, even when a married couple files together. The $25,000 wildcard, $25,000 vehicle and $25,000 tools amounts apply to each spouse separately.
Law: Del. Code tit. 10, § 4914(d)
- The bankruptcy court website says the clerk's office accepts cash (exact change only), money orders or cashier's checks, and you need photo ID when you file in person.
Source: deb.uscourts.gov pro se page
Changes in 2024–2026
Effective August 2, 2024: homestead raised from $125,000 to $200,000; vehicle exemption raised from $15,000 to $25,000; tools-of-trade exemption raised from $15,000 to $25,000. The same law made workers' compensation (including from other states) exempt from all creditor claims except child support. (84 Del. Laws c. 329)
Questions about bankruptcy in Delaware
Can I use the federal bankruptcy exemptions in Delaware?
No. Delaware requires you to use the state exemptions.
What is the homestead exemption in Delaware?
$200,000 of equity in your principal residence (a house, other real property, or a manufactured home you live in)
How much of a car can I keep in bankruptcy in Delaware?
$25,000 per debtor in a vehicle needed for work
Does Delaware have a wildcard exemption?
$25,000 per debtor in any personal property and/or equity in real estate other than your principal residence (aggregate fair market value)
What household goods can I keep in Delaware?
All clothing of you and your family; the family Bible, school books, family library and family pictures; a church pew and a burial lot (no dollar limit). A sewing machine used by a family. A head of household can also keep other personal property of their choice worth up to $500.
Are retirement accounts protected in bankruptcy in Delaware?
Retirement plans and accounts (401(k), 403(b), IRA, Roth IRA, 457 and similar), including inherited plans, are exempt. Rollover money is protected for 60 days. Not protected against a qualified domestic relations order (QDRO) or fraudulent-transfer claims.
Are my wages protected in Delaware?
85% of wages are exempt from attachment (does not apply to collection of state fines, costs or taxes; does not cover self-employment income).
Where do I file bankruptcy in Delaware?
You file in the district where you lived (your domicile) for most of the last 180 days. All of Delaware is one district with one courthouse in Wilmington, so every Delaware filer uses the same court.
What is the median income for the means test in Delaware?
For cases filed on or after April 1, 2026: 1 person: $69,515; 2 people: $94,877; 3 people: $111,273; 4 people: $132,244; Each extra person: +$11,100.
Where can I get free help with bankruptcy in Delaware?
Legal Services Corporation of Delaware (LSCD) – helps low-income people with Chapter 7 and Chapter 13 bankruptcy, Delaware Legal Help Link (joint intake for DVLS, CLASI, LSCD and the state bar) and Community Legal Aid Society, Inc. (CLASI).