Delaware Bankruptcy

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.

Bankruptcy Courts - Location and Contact Information

Following is the address and telephone number for the Delaware bankruptcy court:

824 North Market Street
3rd Floor
Wilmington, DE 19801
(302) 252-2900

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Delaware Bankruptcy Laws and Exemptions

Delaware Exemptions

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.

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Delaware Means Test

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.

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Delaware Credit Counseling and Debtor Education Agencies

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.

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Delaware Personal Bankruptcy Attorneys

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
(302) 658-5279

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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Resources for Delaware Bankruptcy Laws

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.

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