Delaware Bankruptcy

What are the Delaware Bankruptcy Exemptions?

Delaware law protects all or a portion of your property from being seized by creditors or the bankruptcy trustee in a Chapter 7 bankruptcy. In a Chapter 13 bankruptcy, you are generally allowed to keep all of your assets and property. Certain exceptions may apply, so it’s wise to consult with a Delaware bankruptcy attorney to find which of your assets will be protected in a bankruptcy filed in Delaware. In general, the major Delaware bankruptcy exemptions include:

GENERAL DELAWARE EXEMPTIONS
Real Estate (the Homestead Exemption)
Up to $50,000 of equity in your principal residence can be protected.A provision in the new bankruptcy law caps the homestead exemption at $125,000 if you have not lived in the state for at least 40 months prior to the time you file a bankruptcy petition. In some situations, the cap may be permanent. You should consult with a Connecticut bankruptcy attorney for specific information.
Automobiles
There is no specific automobile exemption in Delaware.
Other Property
A vehicle and/or tools of the trade in the amount of $15,000; $25,000 in fair market value of other property can be protected.
View the complete list of Delaware bankruptcy exemptions

Please remember that this page provides general information only, and is not intended to provide legal advice. The information is not a substitute for the advice of a qualified bankruptcy attorney. If you need legal assistance, consult an attorney.

Which state’s exemption laws apply in your bankruptcy?

Generally, the laws of the state in which you lived for the 730 days (2 years) prior to filing a bankruptcy petition will apply in your bankruptcy.

If you have not lived in the same state for 2 years immediately prior to filing your bankruptcy petition, the laws of the state in which you lived for the majority of the 180-day period preceding the 2-year period will likely apply.

If the application of the preceding general rules renders you ineligible for exemptions under any state’s laws, you may be allowed to choose the federal exemptions applicable in your bankruptcy.

Is Delaware a community property state?

No, Delaware is not a community property state. Because it is not a community property state, you will be responsible for your spouse’s debts only if you voluntarily assumed those debts by, for example, co-signing on a loan given to your spouse. In a non-community property state, one spouse can file for bankruptcy and be eligible to eliminate all of their unsecured debts without the involvement of the other spouse.

Did your senator vote in favor of the new bankruptcy laws?

Following years of intense lobbying by creditors, Congress passed the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). How did your Senators vote on these largely pro-creditor provisions?

Biden (D-DE) — YEA
Carper (D-DE) — YEA

Delaware Bankruptcy Court Locations:

824 North Market Street
3rd Floor
Wilmington, Delaware 19801
(302) 252-2900

Note: You may not have to actually go to one of the above bankruptcy courts. Trustees often conduct your meeting at a local venue.

Although bankruptcy is federal law, the bankruptcy courts in each jurisdiction have local rules that must be followed. A local bankruptcy attorney will be familiar with the specific rules in your area.

Delaware Bankruptcy Attorney Locations:

Bankruptcy Attorneys in the state of Delaware

  1. Bear
  2. Camden
  3. Dover
  4. Georgetown
  5. Millsboro
  6. Newark
  7. Rehoboth Beach
  8. Seaford
  9. Smyrna
  10. Wilmington
Bear Payday Loans
Website Company Telephone Address
cooperlevenson.com Erin K. Brignola of Cooper Levenson (302) 838-2600 Erin K. Brignola of Cooper Levenson, 30 Fox Hunt Dr #30, Bear, DE 19701, United States
dplaw.com The Law Offices of Doroshow, Pasquale, Krawitz & Bhaya (302) 832-3200 The Law Offices of Doroshow, Pasquale, Krawitz & Bhaya, 1701 Pulaski Hwy, Bear, DE 19701, United States
Camden Payday Loans
Website Company Telephone Address
holfeldbecker.com Holfeld & Becker (302) 674-5757 Holfeld & Becker, 107 S Main St, Camden, DE 19934, United States
Dover Payday Loans
Website Company Telephone Address
avenuelaw.com Avenue Law (302) 674-2210 Avenue Law, 1073 S Governors Ave, Dover, DE 19904, United States
dplaw.com The Law Offices of Doroshow, Pasquale, Krawitz & Bhaya (302) 734-8700 The Law Offices of Doroshow, Pasquale, Krawitz & Bhaya, 911 S Dupont Hwy Suite 1, Dover, DE 19901, United States
Georgetown Payday Loans
Website Company Telephone Address
neilfdignonlaw.com Neil F. Dignon, Esq, Attorney at Law (302) 725-0288 Neil F. Dignon, Esq, Attorney at Law, 20771 Professional Park Blvd Ste 1 Fl 2, Georgetown, DE 19947, United States
Millsboro Payday Loans
Website Company Telephone Address
bgplegal.com Pappoulis Nina (302) 934-8010 Pappoulis Nina, Millsboro, DE 19966, United States
Newark Payday Loans
Website Company Telephone Address
cynthiacarrolllaw.com Cynthia L. Carroll, P. A. (302) 274-0295 Cynthia L. Carroll, P. A., 262 Chapman Rd #108, Newark, DE 19702, United States
Rehoboth Beach Payday Loans
Website Company Telephone Address
jamesreedlaw.com James C. Reed, P.A. (302) 227-2477 James C. Reed, P.A., 19633 Blue Bird Ln #6, Rehoboth Beach, DE 19971, United States
Seaford Payday Loans
Website Company Telephone Address
dplaw.com The Law Offices of Doroshow, Pasquale, Krawitz & Bhaya (302) 628-1800 The Law Offices of Doroshow, Pasquale, Krawitz & Bhaya, 1200 Norman Eskridge Hwy, Seaford, DE 19973, United States
Smyrna Payday Loans
Website Company Telephone Address
gerrygraylaw.com Gerry Gray Law (302) 508-2140 Gerry Gray Law, 22 S Delaware St, Smyrna, DE 19977, United States
Wilmington Payday Loans
Website Company Telephone Address
stirparolaw.com Law Office of Steven J. Stirparo (302) 479-9555 Law Office of Steven J. Stirparo, 3622 Silverside Rd, Wilmington, DE 19810, United States
pmcelaw.com Tiffany Poole Esq (302) 428-0100 Tiffany Poole Esq, 2710 Centerville Rd #101, Wilmington, DE 19808, United States
vivianhoughton.com Houghton Vivian A (302) 658-0518 Houghton Vivian A, 800 N West St 1st floor, Wilmington, DE 19801, United States
crabilllaw.com Crabill Law, LLC (302) 476-2224 Crabill Law, LLC, 1521 Concord Pike #301, Wilmington, DE 19803, United States
delawarebankruptcylawyer.com Delaware Bankruptcy Lawyer (302) 998-0100 Delaware Bankruptcy Lawyer, 1202 Kirkwood Hwy, Wilmington, DE 19805, United States
bgplegal.com Law Offices of Gregory & Pappoulis (302) 421-9101 Law Offices of Gregory & Pappoulis, 5307 Limestone Rd #103, Wilmington, DE 19808, United States
rmastenlaw.com Ceccotti & Masten (302) 358-2044 Ceccotti & Masten, 2055 Limestone Rd Suite 200-H, Wilmington, DE 19808, United States
timweilerlaw.com Timothy J. Weiler Law (302) 658-6900 Timothy J. Weiler Law, 716 N Tatnall St, Wilmington, DE 19801, United States
morrisjames.com Morris James LLP (302) 888-6800 Morris James LLP, 500 Delaware Ave #1500, Wilmington, DE 19801, United States
whiteandwilliams.com Casarino Marc (302) 467-4520 Casarino Marc, 824 N Market St, Wilmington, DE 19801, United States