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2026 Figures

Delaware Bankruptcy Exemptions

What property can you keep when filing Chapter 7 in Delaware?

Delaware Homestead Protection

None

Delaware does not provide a separate homestead exemption. Homeowners may use other exemptions or the wildcard to protect home equity.

Delaware Exemption Table

2025/2026 figures — Chapter 7 bankruptcy

Homestead (Home Equity)
Protects equity in your primary residence
None
Motor Vehicle
Protects equity in your car or truck
$15,000
Personal Property
Household goods, clothing, appliances
$25,000
Retirement Accounts
401(k), IRA, pension, and ERISA plans
Unlimited
Tools of Trade
Equipment needed for your occupation
$15,000
Wildcard
Apply to any property of your choice
$25,000

How to Claim Exemptions in Delaware

To claim your Delaware bankruptcy exemptions, you must list each exempt asset on Schedule C of your bankruptcy petition. Delaware does not provide a homestead exemption, but offers relatively generous personal property and wildcard exemptions. A bankruptcy preparer can help you list your property correctly — all claims are subject to court approval.

How does Delaware compare to other states?

Use the side-by-side comparison tool to see which state offers more protection for your assets.

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Frequently Asked Questions

How much home equity can I protect in Delaware bankruptcy?

Delaware does not have a dedicated homestead exemption. Homeowners may be able to protect home equity using other exemptions or the wildcard amount.

Can I keep my car when filing bankruptcy in Delaware?

Delaware's vehicle exemption protects up to $15,000 in car equity. If your car is worth less than this (or your equity after the loan balance is within this limit), you can typically keep it. If you're financing the car, you may also reaffirm the debt to keep it regardless of equity.

Are retirement accounts protected in Delaware bankruptcy?

Yes — Delaware protects Unlimited in qualified retirement accounts. This includes 401(k), 403(b), IRA, and pension accounts. Retirement assets are among the strongest-protected assets in bankruptcy across all 50 states.

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Non-Attorney Notice: JustiPal™ is a document preparation service — not a law firm. Exemption amounts shown are for educational purposes and reflect general 2025/2026 figures. Individual results depend on your specific assets, equity calculations, and applicable state law. Consult a licensed bankruptcy attorney for legal advice specific to your situation.

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