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FEDERAL BANKRUPTCY EXEMPTIONS ARE NOT AVAILABLE
All law references are to Delaware Bankruptcy Code unless noted. |
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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) |
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Church pew or any seat in public place of worship |
10-4902(a) |
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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 |
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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 |
DE Bankruptcy Exemptions
Delaware Bankruptcy Forms Software