Delaware Bankruptcy Exemptions

This list of exemptions updated August 2007. All law references are to Delaware Code unless otherwise noted. Federal bankruptcy exemptions are not available in Delaware.

Limitation

10 §4914 Total exemptions (in addition to retirement plans) may not exceed $25,000 - Subject to doubling

Homestead

10-4914 - Real property or a manufactured home that is the primary residence up to $50,000. (not subject to doubling )

Personal Property

10-4902 - Clothing, including jewelry; books; family pictures; piano; leased organs; sewing machines; burial plot; church pew or any seat in public place of worship. Also $500 of any other personal property if head of family (except tools of trade).

10-4916 - College investment plan account (whichever is more; limit of $5,000 for one year prior to filing or the average of the past two years' contributions.

12-3536 - Principal and income from spendthrift trusts.

Wages

10-4913 - 85% of earned but unpaid wages.

Pensions

11 U.S.C. § 522 - Tax exempt retirement accounts; Traditional and Roth IRAs up to $1,095,000 per person.

9-4316 - Kent County employees.

11-8803 - Police officers.

16-6653 - Volunteer firefighters.

29-5503 - State employees.

Public Benefits

19-2355 - Workers' compensation.

19-3374 - Unemployment compensation.

31-2309 & 31-513 - General assistance; aid to aged, blind and disabled.

11-9011 - Crime victims' compensation.

Tools of Trade

10-4902 - Tools, implements and fixtures, up to $75 in New Castle and Sussex counties, and up to $50 in Kent County.

10-4914 - Vehicles and/or tools of trade that are necessary for employment up to $15,000 each.

Insurance

18-2725 - Life insurance proceeds.

18-2726 - Health or disability benefits.

18-2727 - Group life insurance policy or proceeds.

18-2728 - Annuity contract proceeds up to $350 per month.

18-2729 - Life insurance proceeds if policy prohibits use to pay creditors.

18-6218 - Fraternal benefit society benefits.

Other - Add any applicable Federal Nonbankruptcy Exemptions

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