Delaware Bankruptcy Exemptions

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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