What Creditors Can't Take in Delaware
Money, home and vehicle exemptions that protect your property from creditors in Delaware.
Short answer: No general bank account exemption outside bankruptcy. A head of a family may select up to $500 of personal property, which can include money, in addition to specific items such as clothing and family books. 10 Del. C. §§ 4902, 4903
| Money protected in a bank account | No general bank account exemption outside bankruptcy. A head of a family may select up to $500 of personal property, which can include money, in addition to specific items such as clothing and family books. Exempt federal benefits keep their protection under federal law. Re-verified 2026-10-27. Source: 10 Del. C. §§ 4902, 4903 |
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| Homestead exemption | Outside bankruptcy, Delaware's execution statutes provide no homestead exemption. In a bankruptcy or state insolvency case, a debtor may exempt up to $200,000 of equity in a principal residence (real property or a manufactured home), with some exceptions for certain debts. Re-verified 2026-10-27. Source: 10 Del. C. § 4914(c)(1), (e) |
| Vehicle exemption | In a bankruptcy or state insolvency case, a vehicle necessary for employment is exempt up to $25,000. Outside bankruptcy there is no separate vehicle exemption; a head of a family may include a vehicle in the $500 personal property exemption. Re-verified 2026-10-27. Source: 10 Del. C. §§ 4914(c)(2), 4903 |
| Bankruptcy exemptions | Delaware has opted out of the federal exemptions. In bankruptcy, Delaware debtors may use only Delaware exemptions, including the bankruptcy-only exemptions: up to $25,000 in other property, $200,000 in a principal residence, and $25,000 each for a work vehicle and tools of the trade. Re-verified 2026-10-27. Source: 10 Del. C. § 4914(a)-(d) |
Where to get help in Delaware
More Delaware debt & collections
- Statute of Limitations on Debt in Delaware
- Wage Garnishment in Delaware
- How to Respond to a Debt Collection Lawsuit in Delaware
- All Delaware debt & collections rules
FAQ
How much money in a bank account is protected from creditors in Delaware?
No general bank account exemption outside bankruptcy. A head of a family may select up to $500 of personal property, which can include money, in addition to specific items such as clothing and family books. Exempt federal benefits keep their protection under federal law.
What is the homestead exemption in Delaware?
Outside bankruptcy, Delaware's execution statutes provide no homestead exemption. In a bankruptcy or state insolvency case, a debtor may exempt up to $200,000 of equity in a principal residence (real property or a manufactured home), with some exceptions for certain debts.
Can a creditor take my car in Delaware?
In a bankruptcy or state insolvency case, a vehicle necessary for employment is exempt up to $25,000. Outside bankruptcy there is no separate vehicle exemption; a head of a family may include a vehicle in the $500 personal property exemption.
Which bankruptcy exemptions can I use in Delaware?
Delaware has opted out of the federal exemptions. In bankruptcy, Delaware debtors may use only Delaware exemptions, including the bankruptcy-only exemptions: up to $25,000 in other property, $200,000 in a principal residence, and $25,000 each for a work vehicle and tools of the trade.
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.