Delaware Bankruptcy Exemptions

On this page you can find all of the exemptions for Delaware. Exemptions are the property that you can keep when you file bankruptcy.

CATEGORY
PROPERTY
AMOUNT
STATUTE
Homestead
Tenancies by the entirety or joint tenancies
100%
11 USC § 522(b)(2)(B)
Homestead
Equity in real property or manufactured home used by debtor as principal residence *(DCA § 4914 (e) for limitations on homestead allowance)
$125,000
Del. Code Ann. Tit. 10 § 4914(c)(1)
Motor Vehicle
A vehicle necessary for employment
$15,000
Del. Code Ann. Tit. 10 § 4914(c)(2)
Wild Card
Personal property of any nature
$500
Del. Code Ann. Tit. 10 § 4903
Wild Card
Any property selected by debtor
$25,000 (applies only to bankruptcy proceedings and applies separately to each debtor in a joint case)
Del. Code Ann. Tit. 10 § 4914(b)
Wages / Wage Garnishment
Retail installment sales-wages exempt from attachment for 60 days from default
100%
Del. Code Ann. Tit. 6 § 4345
Wages / Wage Garnishment
Wages, salaries & commissions of persons who are not self employed
85%
Del. Code Ann. Tit. 10 § 4913
Insurance
Proceeds of health insurance policies
1005
Del. Code Ann. Tit. 18 § 2726
Insurance
Fraternal Benefit Society benefits
100%
Del. Code Ann. Tit. 18 § 6218
Insurance
Proceeds and avails of life insurance policies payable to person other than the insured
100% (except transfers made in defraud of creditors)
Del. Code Ann. Tit. 18 § 2725
Insurance
Annuity contract proceeds
$350 per month, less amounts paid to defraud creditors
Del. Code Ann. Tit. 18 § 2728
Insurance
Group insurance proceeds
100%
Del. Code Ann. Tit. 18 § 2727
Personal Property
Pianos and organs leased to debtor
100%
Del. Code Ann. Tit. 10 § 4902(d)
Personal Property
Family Bible, school books, family library, family pictures, seat or pew in place of worship, lot in burial ground, all wearing apparel of debtor and family, sewing machines
100%
Del. Code Ann. Tit. 10 § 4902(a), (c)
Pensions / Retirement Accounts
Pension—volunteer firemen
100%
Del. Code Ann. Tit. 16 § 6653
Pensions / Retirement Accounts
Pension-county and municipal police
100%
Del. Code Ann. Tit. 11 § 8803
Pensions / Retirement Accounts
State employees' pension benefits
100%
Del. Code Ann. Tit. 29 § 5503
Pensions / Retirement Accounts
Assets in and amounts payable from any retirement or profit-sharing plan or IRA that is qualified under I.RC.
100% of tax-qualified amounts (includes rollovers for 60 days)
Del. Code Ann. Tit. 10 § 4915
Pensions / Retirement Accounts
Firemen's disability benefits
100%
Del. Code Ann. Tit. 18 §670
Tools of the Trade
Tools of trade necessary for employment
$15,000
Del. Code Ann. Tit. 10 § 4914(c)(2)
Tools of the Trade
Tools, implements and fixtures necessary to carry on trade or profession
$75.00 in New Castle and Sussex Counties, $50.00 in Kent County
Del. Code Ann. Tit. 10 § 4902(b)
Public Benefits
Public assistance payments
100%
Del. Code Ann. Tit. 31 § 513
Public Benefits
Aid to blind persons
100%
Del. Code Ann. Tit. 31 § 2309
Public Benefits
Unemployment compensation benefits
100%
Del. Code Ann. Tit. 19 § 3374
Public Benefits
Workmen's compensation benefits
100%
Del. Code Ann. Tit. 19 § 2355
Miscellaneous
Specific partnership property
100% of partner's interest
Del. Code Ann. Tit. 6 § 15-501
Miscellaneous
Spendthrift trust
100%
Del. Code Ann. Tit. 12 § 3536(a)
Tuition Savings Account
Assets in Delaware College Investment Plan Accounts
100% of I.R.C. qualified amounts (Contributions made within 365 days of bankruptcy filing date are exempt only to greater of $5,000 or average contribution amount for past 2 years)
Del. Code Ann. Tit. 10 § 4916

If you want to learn more about filing bankruptcy in Delaware please visit our FAQ Page or for more information about Delaware you can visit the Delaware section.