Delaware Bankruptcy Exemptions

The chart below contains a summary of Delaware state bankruptcy exemptions and other relevant statutory laws. Click here for complete State of Delaware bankruptcy exemptions laws.
Note: Federal bankruptcy exemptions are not available.

Personal exemptions allowed by Delaware Bankruptcy Law

Note: Under the 2005 bankruptcy law, almost all types of tax-exempt retirement accounts are exempt in bankruptcy whether state or Federal exemptions are used. Exemptions for 401(k)s, 403(b)s, profit-sharing and money purchase plans, and defined benefit plans include the entire account amounts. However, with traditional and Roth IRAs, the exemption is limited to a total value of $1,171,650 per person for all accounts held by the debtor (not per account). The total value amount is adjusted every three years for inflation. The relevant statutes: 11 U.S.C. §522(d)(12) for Federal bankruptcy exemptions; 11 U.S.C. §522(b)(3)(C) for state bankruptcy exemptions.

Delaware HomesteadReal property or manufactured home used as principal residence to $75,000 for 2010; $100,000 for 2011; and $125,000 for 2012; Effective immediately, $125,000 for a disabled debtor or married couple where one spouse is at least 65 years old

Note: Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.

Wages85% of earned but unpaid wages10-4913
AutomobileNone; see Wildcard
Other propertyLife insurance proceeds or avails18-2725
Bible, books, and family pictures10-4902(a)
Sewing machines10-4902(c)
Clothing, including jewelry10-4902(a)
Burial plot10-4902(a)
Tools of trade and/or vehicle necessary for employment to $15,000 each10-4914(c)
Wildcard$500 of any personal property, except tools of trade, if head of family10-4903

Note: While this reference information is current as of August 2010, it may not reflect the most up-to-date exemption figures on official state of Delaware bankruptcy court statutes.

Back to all State Bankruptcy Exemptions
Go to Complete State of Delaware bankruptcy exemptions laws.

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