Filing Bankruptcy in Delaware: Means Test, Exemptions and Courts

Delaware is a single federal district: the U.S. Bankruptcy Court for the District of Delaware (https://www.deb.uscourts.gov).

1 person: $69,515; 2 people: $94,877; 3 people: $111,273; 4 people: $132,244; add $11,100 for each additional person over 4. These figures apply to bankruptcy cases filed on or after July 15, 2026 (the Census median income data was last updated for cases filed on or after April 1, 2026).

Delaware filers must use Delaware's exemptions. A debtor domiciled in Delaware "is not authorized or entitled to elect the federal exemptions" in 11 U.S.C. 522(d).

Up to $200,000 in equity in real property or a manufactured home that is the debtor's principal residence. In a joint case the total for a principal residence may not exceed $200,000. The exemption is unavailable if the Bankruptcy Court finds the debtor owes certain debts (securities-law violations, fiduciary fraud, or crimes or reckless misconduct causing serious injury or death in the past 5 years).

A vehicle necessary for purposes of employment, up to $25,000 (separately from up to $25,000 in tools of the trade); applies to each debtor in a joint case.

Personal property and/or equity in real property other than the principal residence, with an aggregate fair market value of up to $25,000 per debtor.

Assets held or amounts payable under any retirement plan (plans described in Internal Revenue Code sections 401, 403, 408, 408A, 409, 414 or 457, including inherited plans), life insurance contract or annuity contract are exempt. Eligible rollover amounts stay exempt for 60 days.

85% of wages are exempt from attachment (does not apply to fines, costs or taxes owed to the State).

The court has a "Filing Without an Attorney" menu, including a caution page on proceeding without an attorney, information for individuals filing for bankruptcy, pages on filing Chapter 7 and Chapter 13, and what to expect after filing.

District of Delaware (the state's only bankruptcy district): the General Order Governing Debtor's Counsel and Creditor Fees in Chapter 13 Cases (dated June 12, 2024), for cases filed under chapter 13 on or after July 1, 2024, provides that in an individual, non-business case the Court deems $5,000 (the "Standard Fee") reasonable compensation and reimbursement of expenses for debtor's counsel, and will allow the Standard Fee plus bankruptcy clerk filing fees and the cost of a credit report for each debtor (the "Costs") without a fee application under 11 U.S.C. 330 and Bankruptcy Rule 2016(a). As guidelines, the Standard Fee is contemplated to include all conferences with the debtor; preparation of the petition, schedules and statement of financial affairs; a motion to continue or impose the stay; the section 341 meeting; the pre-hearing conference and confirmation hearing; one motion under 11 U.S.C. 362 (not including an evidentiary final hearing); motions to dismiss; uncontested lien-avoidance motions; one motion to reinstate; and listed documents and notices (including objections to claims and the plan). Fees above the Standard Fee and Costs require a formal application or a motion under the order.