Delaware Bankruptcy Laws & Exemptions
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Delaware Bankruptcy Laws

Chapter 7 and Chapter 13 Bankruptcy in Delaware

If are you have given some thought to filing bankruptcy, you can learn more about Delaware bankruptcy laws by speaking with a local bankruptcy lawyer. When you have all of the information about the bankruptcy process, you may be able to decide which option is best for you.

To speak with a Delaware bankruptcy lawyer, fill out the free form below or call 877-349-1309. To get more information about bankruptcy laws in Delaware, keep reading.


Free Case Evaluation

Get Information About Chapter 7 and Chapter 13 Bankruptcy Laws

A bankruptcy lawyer will likely begin by asking very personal questions concerning your assets, debts and your short and long-term financial goals during this meeting. The answers you provide to these questions can help you and your lawyer decide if filing Chapter 7 or Chapter 13 bankruptcy is right for you.

Chapter 7 bankruptcy is usually called “liquidation” because the bankruptcy trustees in Chapter 7 bankruptcy cases may opt to sell any non-exempt property the debtor owns.

In many Chapter 7 bankruptcy cases, the debtor does not own any non-exempt assets, so no property is sold. Unsecured debts may be completely discharged in Chapter 7, making it an attractive bankruptcy option.

If you are filing Chapter 7 bankruptcy, your first task will be to find out which and how much of your assets may be exempt from liquidation.

Homestead

  • Up to $100,000 in value for your principal residence.
  • $125,000 for individuals who are disabled or 65 years or older.

Wages

  • 85 percent of earned but unpaid wages.

Personal Property and Vehicles

  • Up to $15,000 for vehicle and tools necessary for employment.
  • 100 percent of clothing, family pictures and family books.
  • Up to $25,000 for personal property and/or equity in real property other than your main residence.
  • The head of family also receives additional exemptions worth up to $500.

Chapter 13 bankruptcy is generally called "reorganization." Debtors who choose to file Chapter 13 bankruptcy may be able to keep most of their property. A 3-5 year debt repayment plan to catch up on past due debts must be approved in Chapter 13 bankruptcy cases.

If you decide to file Chapter 13 bankruptcy, one of your first priorities will be creating a proposed debt repayment plan.

The Important Role of Your Delaware Bankruptcy Lawyer

Delaware bankruptcy laws can be complex and confusing. Many people who consider filing bankruptcy can feel frustrated by all of the details. Your attorney may clear up any confusion by clearly explaining the bankruptcy process. This may answer many of your questions about your Chapter 7 or Chapter 13 bankruptcy case.

We make it simple to find a local bankruptcy lawyer. Fill out the free case evaluation form on this page or give us a call at 877-349-1309, and we’ll connect you with a Delaware bankruptcy lawyer near you.

Note: Keep in mind all laws are complex. If you need legal advice or want to fully understand how these laws affect you, please speak with a local attorney.

Laws may have changed since our last update. For the latest information on your state's bankruptcy laws, speak to a local bankruptcy lawyer.


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