Hiring a Bankruptcy Lawyer in Delaware
How bankruptcy lawyers are paid, the Delaware means test and exemptions, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Delaware: fee rules
| Rules on contingency fees | Contingent fees are allowed except where Rule 1.5(d) or other law prohibits them. A contingent fee agreement must be in a writing signed by the client and state how the fee is figured, including the percentage(s) the lawyer gets on settlement, trial or appeal, the litigation and other expenses deducted from the recovery, and whether expenses are deducted before or after the fee is calculated. It must clearly tell the client about any expenses the client must pay whether or not the client wins. At the end, the lawyer must give the client a written statement of the outcome and, if there is a recovery, the client's share and how it was figured. Lawyers may not charge domestic relations fees contingent on securing a divorce or on the amount of alimony, support or property settlement, or a contingent fee to represent a criminal defendant. |
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| If you disagree with a lawyer's bill | Fee disputes are not handled by the Office of Disciplinary Counsel; it refers them to the Delaware State Bar Association's Fee Dispute Committee, which hears disputes between lawyers and clients (and between successive lawyers on the same matter). To start, the initiating party signs a Petition and an Agreement to Arbitration and delivers them to the Committee Chair (not to the DSBA office). The committee does not give legal advice about fee agreements. ODC referral: https://courts.delaware.gov/odc/complaint.aspx |
| If a lawyer takes your money | The Lawyers' Fund for Client Protection of the Supreme Court of Delaware can reimburse people who suffered financial losses from a lawyer's dishonest conduct. File a signed and notarized Statement of Claim with the Fund at The Renaissance Centre, 405 North King Street, Suite 500, Wilmington, DE 19801 (ARMS_LFCP@delaware.gov); no lawyer is needed. Claims are screened for eligibility and investigated, and the Trustees decide in their discretion whether and how much to pay, considering the money available, the number of claimants and hardship. The Fund also advises reporting attorney theft to the Attorney General's Office and to Disciplinary Counsel. |
Delaware rules to know first
| Standard Chapter 13 lawyer fee | 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. |
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| Means test median income | 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). The U.S. Trustee updates this table periodically; check https://www.justice.gov/ust/means-testing for the table in effect on the filing date. The table's one-person column is labeled "1 EARNER." Income at or below the median for the household size generally means the Chapter 7 means test's further calculations are not required. |
| 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. |
| 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) |
Find and check a lawyer
| Lawyer referral service | The Delaware State Bar Association's Online Lawyer Referral Service (OLRS) is strictly a referral service: you submit a request online, and participating attorneys may choose to respond and set an appointment, with "a $35.00 fee for the initial 30 minute interview"; further fees are negotiated with the attorney. The DSBA asks people not to call its office for referrals; the online system is the only way it helps people find a lawyer, and it cannot recommend an attorney. |
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| Check discipline history or file a complaint | The Office of Disciplinary Counsel (ODC) assists the Delaware Supreme Court in regulating lawyers. It evaluates and investigates complaints that a lawyer violated the Delaware Lawyers' Rules of Professional Conduct and may start formal disciplinary proceedings. File the ODC Complaint Form online (preferred), or mail a printed form to ODC, Leonard L. Williams Justice Center, 500 N. King Street, Suite 500, Wilmington, DE 19801; complaints are not accepted in person or by phone, and a separate form is needed for each lawyer. ODC notifies you in writing of the outcome; the process is generally confidential and ODC does not decide fee disputes. Public discipline (disbarment, suspension, interim suspension, public reprimand, transfer to disability inactive status) is listed in the Digest of Lawyer Discipline. Phone: (302) 651-3931. Digest of Lawyer Discipline: https://courts.delaware.gov/odc/digest/ ; FAQs: https://courts.delaware.gov/odc/faqs.aspx |
Free legal help
| Free legal aid | The Delaware Legal Help Link (delegalhelplink.org) is a free online intake, available 24/7, for people who meet certain standards including federal poverty income guidelines; completing an intake does not guarantee representation. It is a collaboration of the Delaware State Bar Association, Delaware Bar Foundation, Delaware Volunteer Legal Services, Widener University Delaware Law School, Community Legal Aid Society, Inc., and Legal Services Corporation of Delaware, the state's LSC-funded legal aid organization. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in Delaware · Do I need a lawyer?
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.