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


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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