Bankruptcy Exemptions in Delaware
What property you can keep in bankruptcy in Delaware: homestead, vehicle, wildcard and retirement exemptions, and whether you can choose the federal exemptions.
Short answer: 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). 10 Del. C. § 4914(a)
| State or federal exemptions | 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). Re-verified 2026-10-27. Source: 10 Del. C. § 4914(a) |
|---|---|
| Homestead exemption | 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). No acreage limit is stated. Re-verified 2026-10-27. |
| Car exemption | 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. Re-verified 2026-10-27. Source: 10 Del. C. § 4914(c)(2), (d) |
| Wildcard exemption | 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. Re-verified 2026-10-27. Source: 10 Del. C. § 4914(b), (d) |
| Retirement accounts | 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. Not exempt against fraudulent-transfer claims or alternate payees under a qualified domestic relations order (§ 4915(c)-(d)). Re-verified 2026-10-27. Source: 10 Del. C. § 4915(a), (b), (f) |
| Wages | 85% of wages are exempt from attachment (does not apply to fines, costs or taxes owed to the State). Re-verified 2026-10-27. Source: 10 Del. C. § 4913(a) |
More Delaware bankruptcy
FAQ
Can you use the federal bankruptcy exemptions in Delaware?
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).
How much home equity is protected in bankruptcy in Delaware?
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).
Can I keep my car in bankruptcy in Delaware?
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.
Does Delaware have a wildcard exemption?
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.
Are retirement accounts protected in bankruptcy in Delaware?
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.
Are wages protected in bankruptcy in Delaware?
85% of wages are exempt from attachment (does not apply to fines, costs or taxes owed to the State).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.