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ABOUT CHAPTER 7
HOW CHAPTER 7 WORKS
THE CHAPTER 7 DISCHARGE
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HOW CHAPTER 13 WORKS
THE CHAPTER 13 DISCHARGE
STATE EXEMPTIONS
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Delaware bankruptcy exemptions   DE Bankruptcy Exemptions

FEDERAL BANKRUPTCY EXEMPTIONS ARE NOT AVAILABLE
All law references are to Delaware Bankruptcy Code unless noted.

ASSET

EXEMPTION

LAW PROVISION

LIMITS Equity in real property or equity in a manufactured home that constitutes a debtors principal residence up to $125,000 10-4914

HOMESTEAD

NONE, however, property held as tenancy by the entirety may be exempt against debts owed by only one spouse

In re Hovatter, 25 B.R. 123 (D. Del. 1982)

INSURANCE

Annuity contract proceeds to $350 per month

18-2728

Fraternal benefit society benefits

18-6118

Group life insurance policy or proceeds

18-2727

Health or disability benefits

18-2726

Life insurance proceeds if clause prohibits proceeds from being used to pay beneficiary’s creditors

18-2729

Life insurance proceeds or avails

18-2725

MISCELLANEOUS

Property of business partnership

6-1525

PENSIONS

Kent County employees

9-4316

Police officers

11-8803

State employees

29-5503

Volunteer firefighters

16-6653

PERSONAL PROPERTY

Bible, books and family pictures

10-4902(a)

Burial plot

10-4902(a)

Church pew or any seat in public place of worship

10-4902(a)

Clothing, includes jewelry

10-4902(a)

Pianos and leased organs

10-4902(d)

Sewing machines

10-4902(c)

PUBLIC BENEFITS

Aid to blind

31-2309

Aid to aged, disabled, AFDC, general assistance

31-513

Unemployment compensation

19-3374

Workers’ compensation

19-2355

TOOLS OF TRADE

Tools, implements and fixtures necessary to carry on debtor's business to $15,000 (includes vehicle necessary for employment); $75 in New Castle and Sussex Counties; to $50 in Kent County

10-4902(b)

WAGES

85% of earned but unpaid wages

10-4913

WILD CARD

$500 of any personal property, except tools of trade, if head of family

10-4903



Delaware bankruptcy courts  Delaware Bankruptcy Courts
See the list below for Bankruptcy Courts by District. Click on the District link to go directly to that Bankruptcy Court's web site.

BANKRUPTCY COURTS NUMBER OF COPIES
District of Delaware
824 Market St., 3rd Floor
Wilmington, DE 19801
Telephone: (302) 252-2900

Chapter 7  orig. & 3 copies

Chapter 13 orig & 5 copies

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