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State Guide

Bankruptcy in Delaware

Filing Guide, Exemptions & Attorney Help

Filing for Bankruptcy in Delaware

While bankruptcy is federal law, where you live matters significantly. Delaware has its own specific exemption amounts, its own federal bankruptcy courts, and its own median income figures for the Means Test. Understanding these local rules is the first step to a successful filing.

Delaware Bankruptcy Exemptions

Exemptions determine what property you get to keep when you file Chapter 7 bankruptcy. In Delaware, these limits dictate how much equity you can protect.

Homestead Exemption Varies by Delaware law
Motor Vehicle Varies
Personal Property Varies
Retirement Accounts Fully Exempt (Federal)

Exemption amounts change periodically. An attorney in Delaware will know the current exact figures for your situation.

Means Test Data

To file Chapter 7, your income generally must be below the Delaware median for your household size.

  • 1 Person: Consult attorney
  • 2 People: Consult attorney
  • 3 People: Consult attorney
  • 4 People: Consult attorney

Bankruptcy Courts

Bankruptcy cases in Delaware are handled by the United States Bankruptcy Courts for the districts of Delaware.

Your local attorney will determine which district your case will be filed in based on your zip code.

Connect with a Delaware Attorney

State laws change frequently. Get advice tailored specifically to your situation and Delaware law. Free consultation, no obligation.

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