Delaware Bankruptcy Exemption List
Only State Exemptions Allowed
In the state of Delaware you can not use the federal bankruptcy exemptions but must choose the Delaware Bankruptcy exemptions. There may be certain federal supplemental exemptions you can use. All exemptions should be discussed with your Delaware Bankruptcy Attorney.
Delaware has created bankruptcy exemptions to allow you to maintain enough public benefits, wages, personal property and insurance to start over after filing bankruptcy in Delaware. There may be certain residency requirements to use the State of Delaware Bankruptcy Exemption List.
The following table will outline the Delaware Bankruptcy Exemptions. Some of your property or assets may not have a matching exemption. In the state of Delaware, a single person can not have exemptions greater than $5000 total. A wife and husband may not exempt more than $10,000 (Law Section 10-4914).
|
Exemptions
|
Exemption Amount
|
Statutes
|
| Homestead |
None
Exception: property held as tenancy by the entirety may be exempt against debts owed by only one spouse |
In re Hovatter, 25 B.R. 123 (D. Del. 1982) |
| Tools of the Trade |
Tools, implements and fixtures to $75 in New Castle and Sussex Counties; to $50 in Kent County |
10-4902(b) |
| Wages |
85% of earned but unpaid wages |
10-4913 |
| Wild Card |
$500 of any personal property, except tools of trade, if head of family |
10-4903 |
| Insurance |
Annuity contract proceeds to $350 per month |
18-2728 |
| |
Fraternal benefit society benefits |
18-6118 |
| |
Group life insurance policy or proceeds |
18-2727 |
| |
Health or disability benefits |
18-2726 |
| |
Life insurance proceeds if clause prohibits proceeds from being used to pay beneficiary’s creditors |
18-2729 |
| |
Life insurance proceeds or avails |
18-2725 |
| Personal Property |
Bible, books and family pictures |
10-4902(a) |
| |
Burial plot |
10-4902(a) |
| |
Church pew or any seat in public place of worship |
10-4902(a) |
| |
Clothing, includes jewelry |
10-4902(a) |
| |
Pianos and leased organs |
10-4902(d) |
| |
Sewing machines |
10-4902(c) |
| Miscellaneous |
Property of business partnership |
6-1525 |
| Pensions |
Kent County employees |
9-4316 |
| |
Police officers |
11-8803 |
| |
State employees |
29-5503 |
| |
Volunteer firefighters |
16-6653 |
| Public Benefits |
Aid to blind |
31-2309 |
| |
Aid to aged, disabled, AFDC, general assistance |
31-513 |
| |
Unemployment compensation |
19-3374 |
| |
Workers’ compensation |
19-2355 |
| |
|
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