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Delaware Bankruptcy Exemptions

Federal Supplemental Exemptions can be used in conjunction with your Delaware exemptions and can be viewed here.

In Delaware, you may choose to use the Federal Exemption set instead of your state exemptions.

You may also want to visit your local federal bankruptcy court web site:

Also see Delaware bankruptcy forms.

ASSET

EXEMPTION DESCRIPTION

LAW SECTION

LIMITS A single person may exempt no more than $5000 total in all exemptions; a husband & wife may exempt no more than $10,000 total. 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

MISC.

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 to $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