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

The businesses below are not in any way connected with Bankruptcyhq and are not recommended by us. Do your own due diligence before engaging with them.

Bankruptcy lawyers in Dover, Delaware

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Some Quick Facts about Dover in Delaware

ECONOMY FACTS

$27097.0, local retail sales per head are greater than average for the country. The typical rent payment is $1038.0 putting the area below the median. The median house ticket is $175300.0, (< normals for the US).

SOCIAL FACTS

Home owners (48.3 percent) and people possessing a university degree are not very probable to be clients for insolvency practitioners. Individuals who have not succeeded to finish secondary education are quite likely to be customers for bankruptcy practitioners. In Dover, 12.3% are in this bracket. In Dover, Delaware 12.8% of the population are registered as disabled and accordingly have access to federal health insurance. 6.0 percent of local inhabitants don't have medical insurance and this is superior to the national norm.

AGE AND SEX

The growth in youngsters in Dover is more than the nationwide average at 6.4%. The elderly consist a normal 14.4 percent of the local inhabitants, implying Dover is a typical area. Youth under 18 make up 21.6 percent of the locals.

POPULATION

The most recent population count for Dover in Delaware is 38,166 growing by 6.6% compared with 2010. People are more female in gender with women in Dover, Delaware making up 53.4 percent of the local inhabitants.
Name Phone Address Review Score Sample Reviews
The Law Office of William F. Jaworski+1 302-730-8511The Law Office of William F. Jaworski, 1274 S Governors Ave, Dover, DE 19904, United States4.5/5 (24 reviews)
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Avenue Law+1 302-674-2210Avenue Law, 1073 S Governors Ave, Dover, DE 19904, United States4.7/5 (14 reviews)
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Blakely Tara+1 302-672-7217Blakely Tara, 1006 College Rd Ste 201, Dover, DE 19904, United States3.8/5 (5 reviews)
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The Law Offices of Doroshow, Pasquale, Krawitz & Bhaya+1 302-734-8700The Law Offices of Doroshow, Pasquale, Krawitz & Bhaya, 911 S Dupont Hwy Suite 1, Dover, DE 19901, United States0/5 (3 reviews)
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    Hudson, Jones, Jaywork & Fisher+1 302-734-7401Hudson, Jones, Jaywork & Fisher, 225 S State St, Dover, DE 19901, United States4.5/5 (44 reviews)
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    Schmittinger & Rodriguez PA+1 302-674-0140Schmittinger & Rodriguez PA, 414 S State St, Dover, DE 19901, United States4.1/5 (36 reviews)
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    May & Perza, P.A.+1 302-736-1776May & Perza, P.A., 34 The Green, Dover, DE 19901, United States4.4/5 (18 reviews)
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    Community Legal Aid Society+1 302-674-8503Community Legal Aid Society, 840 Walker Rd, Dover, DE 19904, United States3.4/5 (27 reviews)
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    Incorporating Services Ltd+1 302-531-0855Incorporating Services Ltd, 3500 S Dupont Hwy, Dover, DE 19901, United States4.9/5 (10 reviews)
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    Bankruptcy lawyers in Elsmere town, Delaware

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    Some Quick Facts about Elsmere in Delaware

    POPULATION

    The newest population survey for Elsmere, Delaware is 5,872 dwindling by -3.3% since 2010.The Population is more female with females in Elsmere, Delaware constituting 53.4 percent of the populace.

    SOCIAL FACTS

    Those who have not succeeded to graduate from school are highly likely to be clients for insolvency lawyers. In Elsmere, 18.2 percent are in this group. People possessing their property (67.5 percent) and individuals who qualified with a university education are not very probable to make use of insolvency services. 9.5 percent of residents need health insurance. This is better than the national mean. In Elsmere, Delaware 12.1 percent of locals are registered as handicapped and thus are entitled to federal health support.

    AGE AND SEX

    The aged comprise a routine 13.1 percent of the residents, suggesting Elsmere is an ordinary city. Youth under 18 years of age make up 20.6% of the locals. The birth rate in Elsmere is below the national average at 2.9%.

    ECONOMY FACTS

    Totalling $4602.0, retail sales per person are beneath average for the US. The most common rent payment is $1035.0 falling under the national average. The median real estate cost is $174700.0, (below average for the US).
    Name Phone Address Review Score Sample Reviews

    Bankruptcy lawyers in Georgetown town, Delaware

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    Some Quick Facts about Georgetown in Delaware

    POPULATION

    The newest population for Georgetown in the state of Delaware is 7,563 growing 17.7% compared with 2010. The populace is slightly biased towards female with women in Georgetown, Delaware constituting 53.7% of the local inhabitants.

    SOCIAL FACTS

    22.8% of residents do not have a health plan meaning the area is worse than the US norms. Those who didn't finish school are more probable to apply for insolvency services. In Georgetown, 29.1 percent are in this category. People possessing their home (39.4%) and people who achieved a university qualification are less probable to be in the market for insolvency practitioners. In Georgetown, Delaware 7.1% of locals are qualified handicapped and thus are eligible for federal health insurance.

    AGE AND SEX

    Senior citizens embody a high 17.7% of the populace, indicating Georgetown is an older aged location. Youth below 18 comprise 28.6 percent of the locals. The birth rate in Georgetown is more than nationwide norms at 11.4%.

    ECONOMY FACTS

    The median rent payment is $875.0 putting the area beneath the average. The average real estate ticket is $220800.0, (> average nationally). $19805.0, B2C sales per head are above the median for the country.
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    Bankruptcy lawyers in Middletown town, Delaware

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    Some Quick Facts about Middletown in Delaware

    POPULATION

    The most updated population number for Middletown, located in Delaware is 22,900 exapanding by 21.4% compared with 2010. Residents are a little in favor of female in gender with females in Middletown, Delaware constituting 52.8 percent of the population.

    ECONOMY FACTS

    Totalling $21095.0, retail sales per capita exceed the median for the US. The typical rental figure is $1254.0 surpassing nationwide norms. The median property cost is $301700.0, (beyond normals for the country).

    SOCIAL FACTS

    5.9% of locals do not have health insurance. This is more favorable than the United States mean. People who did not finish school are most likely to be in the market for bankruptcy services. In Middletown, 5.4% qualify for this classification. In Middletown, Delaware 7.2% of the locals are reported as disabled and hence have access to federal support. Home owners (79.0%) and individuals with a bachelor education are not probable to make use of bankruptcy services.

    AGE AND SEX

    The elderly embody an average for the US, 16.3% of the locals, hinting Middletown is an average locale. Youngsters less than 18 years old embody 27.9 percent of the local inhabitants. The birth rate in Middletown is below nationwide norms at 5.3 percent.
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    Bankruptcy lawyers in Milford, Delaware

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    Some Quick Facts about Milford in Delaware

    POPULATION

    Locals are more female with women in Milford, Delaware constituting 51.2% of the populace. The freshest population number for Milford in the state of Delaware is 11,732 expanding 22.3% since 2010.

    AGE AND SEX

    The rate of births in Milford is over nationwide norms at 8.7 percent. Senior citizens comprise a completely outsized 20.6% of the population, hinting Milford is an aged town. Kids below 18 years of age make up 26.4% of the residents.

    ECONOMY FACTS

    At $35570.0, B2C sales per person are greater than average for the country. The median rental payment is $1000.0 putting the area under the US average. The median real estate cost is $190900.0, (under normals for the US).

    SOCIAL FACTS

    People who didn't graduate from school are quite probable to fall afoul of bankruptcy services. In Milford, 13.9 percent are in this basket. In Milford, Delaware 7.9 percent of people are reported disabled and thus make the grade for Medicare. Homeowners (52.2%) and people possessing a higher education are not likely to apply for bankruptcy services. 7.9% of the populace are in need of a health plan meaning the area is more affluent than the US norms.
    Name Phone Address Review Score Sample Reviews
    Doroshow Pasquale Krawitz+1 302-424-0172Doroshow Pasquale Krawitz, 1008 N Walnut St, Milford, DE 19963, United States0/5 (not set)
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      Bankruptcy lawyers in Newark, Delaware

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      Some Quick Facts about Newark in Delaware

      POPULATION

      The newest population survey for Newark, located in Delaware is 33,515 rising 6.5% compared with 2010. Locals are slightly in favor of female with women in Newark, Delaware comprising 53.4% of the locals.

      ECONOMY FACTS

      The most common rent charge is $1308.0 rising beyond the US median. The most common house cost is $277800.0, (exceeding normals for the country). $28468.0, local retail sales per head beat average nationally.

      SOCIAL FACTS

      Individuals owning their property (52.0%) and individuals who achieved a university degree are not very likely to need insolvency lawyers. 3.5 percent of residents don't have a medical plan which means the area is superior to the national average. Those who have not succeeded to finish basic education are highly probable to need insolvency practitioners. In Newark, 3.6% belong to this basket. In Newark, Delaware 4.8 percent are registered as not able bodied and therefore qualify for federal health insurance.

      AGE AND SEX

      Seniors make up a typical 13.6% of the residents, suggesting Newark is a quintessential locale. Youngsters under 18 years of age embody 10.7% of the locals. The rate of births in Newark is lower than the national average at 3.7%.
      Name Phone Address Review Score Sample Reviews
      Cynthia L. Carroll, P. A.+1 302-274-0295Cynthia L. Carroll, P. A., 262 Chapman Rd #108, Newark, DE 19702, United States4.8/5 (62 reviews)
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      D & H Credit Services Inc+1 302-832-6980D & H Credit Services Inc, 171 Haut Brion Ave, Newark, DE 19702, United States0/5 (not set)
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        Bankruptcy lawyers in New Castle, Delaware

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        Some Quick Facts about New Castle in Delaware

        AGE AND SEX

        Elderly people embody an extremely high 20.8 percent of the locals, indicating New Castle is an extremely old aged area. Youth below 18 years of age embody 10.7 percent of the local inhabitants. The rate of births in New Castle is beneath the nationwide average at 3.7%.

        POPULATION

        The populace is more women with women in New Castle, Delaware constituting 50.4% of the populace. The freshest population count for New Castle, Delaware is 5,392 a rise of 5.6% since 2010.

        SOCIAL FACTS

        In New Castle, Delaware 8.7% of locals are recorded disabled and therefore are eligible for federal health support. Individuals owning their property (63.1 percent) and people possessing a degree are less likely to require insolvency lawyers. Those who didn't graduate from school are more probable to be customers for bankruptcy lawyers. In New Castle, 7.2% fall into this classification. 3.0% of the populace are in need of a health plan which is better than the United States norm.

        ECONOMY FACTS

        $126573.0, B2C sales per head are greater than average for the US. The median rental payment is $1320.0 which is beyond US norms. The most common property price is $194300.0, (lower than the median for the country).
        Name Phone Address Review Score Sample Reviews

        Bankruptcy lawyers in Seaford, Delaware

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        Some Quick Facts about Seaford in Delaware

        SOCIAL FACTS

        9.2% of the populace are in need of a medical plan and this is more favorable than the United States norm. In Seaford, Delaware 10.3 percent of locals are recorded as handicapped and hence have access to federal support. Those who didn't finish basic education are very likely to make use of insolvency services. In Seaford, 18.3% are part of this class. People with title to their home (48.1 percent) and those who have a higher education degree are least probable to be in the market for insolvency services.

        ECONOMY FACTS

        The median rent charge is $859.0 which is beneath nationwide norms. The most common real estate price is $170300.0, (less than normals nationally). $42200.0, B2C sales per head beat the median for the country.

        POPULATION

        The freshest population count for Seaford in Delaware is 8,013 growing by 16.2% since 2010. The populace is biased in favor of women with females in Seaford, Delaware constituting 54.2% of the local inhabitants.

        AGE AND SEX

        The aged consist a large 17.3 percent of the residents, indicating Seaford is an older aged town. Youth under 18 embody 22.8% of the populace. The rate of births in Seaford is over average at 6.8 percent.
        Name Phone Address Review Score Sample Reviews
        The Law Offices of Doroshow, Pasquale, Krawitz & Bhaya+1 302-628-1800The Law Offices of Doroshow, Pasquale, Krawitz & Bhaya, 1200 Norman Eskridge Hwy, Seaford, DE 19973, United States4.1/5 (7 reviews)
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        Procino-Wells & Woodland, LLC+1 302-628-4140Procino-Wells & Woodland, LLC, 225 High St, Seaford, DE 19973, United States4.5/5 (13 reviews)
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        Bankruptcy lawyers in Smyrna town, Delaware

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        Some Quick Facts about Smyrna in Delaware

        SOCIAL FACTS

        In Smyrna, Delaware 10.6 percent of the locals are qualified disabled and accordingly are eligible for federal support. People possessing their home (65.4%) and individuals possessing a university education are not likely to require insolvency services. Those who did not finish secondary education are highly probable to fall afoul of bankruptcy lawyers. In Smyrna, 6.7% belong to this bracket. 8.7 percent of locals need medical insurance and this is superior to the US norms.

        ECONOMY FACTS

        the average rental payment is $1110.0 surpassing nationwide norms. The most common real estate cost is $206400.0, (< the median nationally). Totalling $19727.0, retail sales per head better average for the country.

        POPULATION

        The freshest population count for Smyrna in Delaware is 11,813 an increase of 17.6% over 2010. People are biased in favor of male in gender with women in Smyrna, Delaware comprising 49.1 percent of the local inhabitants.

        AGE AND SEX

        The birth rate in Smyrna is lower than normal for the US at 4.9 percent. People over 65 consist a typical 12.6 percent of the residents, suggesting Smyrna is an ordinary area. Youth under 18 years of age embody 25.5% of the local inhabitants.
        Name Phone Address Review Score Sample Reviews

        Bankruptcy lawyers in Wilmington, Delaware

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        Some Quick Facts about Wilmington in Delaware

        POPULATION

        The most current population count for Wilmington, located in Delaware is 70,166 a drop of -1.0% since 2010.People are more female in gender with women in Wilmington, Delaware constituting 52.6 percent of the population.

        AGE AND SEX

        The aged embody an ordinary 12.9 percent of the populace, hinting Wilmington is a classic spot. Youngsters below 18 years of age make up 22.7 percent of the population. The birth rate in Wilmington is greater than the nationwide average at 6.6 percent.

        SOCIAL FACTS

        7.1% of residents don't have a medical plan and this is more favorable than the national average. Individuals owning their own property (43.4%) and individuals who have a university degree are least likely to make use of bankruptcy services. In Wilmington, Delaware 10.8 percent of residents are qualified as handicapped and therefore are eligible for the federal health program. Individuals who failed to finish secondary education are more probable to apply for insolvency lawyers. In Wilmington, 12.3% are part of this category.

        ECONOMY FACTS

        The typical rental payment is $1001.0 falling below the national average. The most common real estate cost is $168000.0, (under average nationally). $12103.0, retail sales per person are inferior to average for the US.
        Name Phone Address Review Score Sample Reviews
        Law Office of Steven J. Stirparo+1 302-479-9555Law Office of Steven J. Stirparo, 3622 Silverside Rd, Wilmington, DE 19810, United States5/5 (8 reviews)
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        Tiffany Poole Esq+1 302-428-0100Tiffany Poole Esq, 2710 Centerville Rd #101, Wilmington, DE 19808, United States5/5 (12 reviews)
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        Houghton Vivian A+1 302-658-0518Houghton Vivian A, 800 N West St 1st floor, Wilmington, DE 19801, United States4/5 (6 reviews)
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        Billion Law+1 302-428-9400Billion Law, 922 New Rd, Wilmington, DE 19805, United States4.5/5 (15 reviews)
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        Delaware Bankruptcy Lawyer+1 302-998-0100Delaware Bankruptcy Lawyer, 1202 Kirkwood Hwy, Wilmington, DE 19805, United States0/5 (1 review)
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          Law Offices of Gregory & Pappoulis+1 302-421-9101Law Offices of Gregory & Pappoulis, 5307 Limestone Rd #103, Wilmington, DE 19808, United States5/5 (6 reviews)
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          Ceccotti & Masten+1 302-358-2044Ceccotti & Masten, 2055 Limestone Rd Suite 200-H, Wilmington, DE 19808, United States5/5 (3 reviews)
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          Crabill Law, LLC+1 302-476-2224Crabill Law, LLC, 1521 Concord Pike #301, Wilmington, DE 19803, United States5/5 (2 reviews)
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          Timothy J. Weiler Law+1 302-658-6900Timothy J. Weiler Law, 716 N Tatnall St, Wilmington, DE 19801, United States5/5 (1 review)
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          Morris James LLP+1 302-888-6800Morris James LLP, 500 Delaware Ave #1500, Wilmington, DE 19801, United States5/5 (6 reviews)
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          Doreen H Becker+1 302-654-3535Doreen H Becker, 1217 N King St, Wilmington, DE 19801, United States3.7/5 (7 reviews)
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          Monaco Mediation LLC+1 302-690-0757Monaco Mediation LLC, 908 N Waterford Ln, Wilmington, DE 19808, United States0/5 (not set)
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            Legal Services Corporation-Delaware+1 302-575-0408Legal Services Corporation-Delaware, 100 W 10th St Ste 203, Wilmington, DE 19801, United States3.2/5 (17 reviews)
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            Poole, Mensinger, Cutrona & Ellsworth-Aults+1 302-428-0100Poole, Mensinger, Cutrona & Ellsworth-Aults, 2710 Centerville Rd Ste 101, Wilmington, DE 19808, United States4.8/5 (19 reviews)
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            Andersen Eric M+1 302-984-3800Andersen Eric M, 1000 N West St, Wilmington, DE 19801, United States0/5 (not set)
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              The Law Offices of Doroshow, Pasquale, Krawitz & Bhaya+1 302-998-0100The Law Offices of Doroshow, Pasquale, Krawitz & Bhaya, 1202 Kirkwood Hwy, Wilmington, DE 19805, United States4.6/5 (30 reviews)
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              Rucki Fee Review+1 302-545-7764Rucki Fee Review, 1111 Windon Dr, Wilmington, DE 19803, United States0/5 (not set)
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                Huang Law LLC+1 302-478-2900Huang Law LLC, 3513 Concord Pike #3100, Wilmington, DE 19803, United States4.5/5 (17 reviews)
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