Bankruptcy laws and resources vary from state to state. The following page provides Delaware bankruptcy information and resources.
If you are not looking for information regarding Delaware, please use the links on the left to find information for your state.
Following is the address and telephone number for the Delaware bankruptcy court:
824 North Market Street
Wilmington, DE 19801
The U.S. Bankruptcy Code allows individual debtors to exempt certain property from creditor claims based on exemptions under either federal law or state law. Exemptions vary from state to state. Some states have adopted their own set of bankruptcy exemptions that are used in place of the federal exemptions. However, other states give debtors an option to choose between either state or federal exemptions.
For Delaware bankruptcy filings, state exemptions are used. Click here for some common bankruptcy exemptions under Delaware Code.
Contact a Delaware bankruptcy lawyer for more information regarding Delaware bankruptcy exemptions.
The new bankruptcy laws enacted in 2005 also require that debtors pass a means test before filing a Chapter 7 bankruptcy. There are two ways to pass the means test:
1. the debtor's annual income (calculated using the average gross income for the six month period prior to filing) must be below the state median. Census Bureau statistics for state median income by family size can be found here (for cases filed between April 1, 2013 and April 30, 2013).
2. If income exceeds the median income, individuals may still file Chapter 7 bankruptcy based on results of Form 22A: Chapter 7 Statement of Current Monthly Income and Means-Test Calculation.
Pursuant to the new bankruptcy laws enacted in 2005, individuals who file personal bankruptcy (with limited exceptions) in Delaware must:
1. take a credit counseling course from an approved Delaware credit counseling provider within six months before filing bankruptcy; and
2. complete a debtor education course from an approved Delaware debtor education agency prior to receiving a bankruptcy discharge.
To find lawyers in your area, you may want to contact your local county bar association or the Delaware State Bar Association:
Delaware State Bar Association
301 North Market Street
Wilmington, Delaware 19801
Based on income, free bankruptcy advice and representation may also be obtained from the following organizations: See the Delaware Volunteer Legal Service's website for more information.
If you are concerned about the representation provided to you by your attorney, contact:
Office of Disciplinary Counsel
Carvel State Office Building
820 North French Street, 11th Floor
Wilmington, DE 19801-3545
You can also visit the website
for the Office of Disciplinary Counsel of the Supreme Court of Delaware
for more information.
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U.S. Bankruptcy Court for the District of Delaware - administrative and procedural information for Delaware bankruptcy filings
Office of the U.S. Trustee for Region 3 - oversees the administration of Delaware personal bankruptcy cases and case trustees
Delaware State Bar Association - information about the Delaware bar, membership, ethics, continuing legal education, and resources for the public.