Though not included in the statutory homestead exemption, a court has held that property owned by a married couple as a tenancy in the entirety may be exempt when only one of the spouses is the debtor. A court has also held that IRAs, Roth IRAs, and other retirement plans are exempt from bankruptcy.
The references to Delaware statutes are to the Delaware Code (chapter-section).
Resources:
United States Bankruptcy Court, District of Delaware
| Delaware Bankruptcy Exemptions | ||||||||||
| Assets | Exemption | State Statute | ||||||||
| Homestead | Residence consisting of real property or manufactured home: up to $50,000 for single person or married couple. | 10-4914(c) | ||||||||
| Insurance | Life insurance proceeds or avails: all. | 18-2725 | ||||||||
| Disability or health benefits: all. | 18-2726 | |||||||||
| Group life insurance proceeds/policy: all. | 18-2727 | |||||||||
| Annuity proceeds: up to $350 per month. | 18-2728 | |||||||||
| Life insurance proceeds: all if there is a clause prohibiting the proceeds from being used to pay the creditors of the beneficiary. | 18-2729 | |||||||||
| Fraternal benefit society benefits: all. | 18-6218 | |||||||||
| Pensions | Federal pension exemptions. | |||||||||
| Kent county employee pensions: all. | 9-4316 | |||||||||
| Police officer pensions: all. | 11-8803 | |||||||||
| Volunteer firefighter pension: all. | 16-6653 | |||||||||
| State employee pensions: all. | 29-5503 | |||||||||
| Personal Property | Total person property exemptions: up to $25,000 for each debtor. | |||||||||
| Spendthrift trust principal and interest: all up to personal property exemption limit. | 12-3536 | |||||||||
| Family pictures, Bible, books: all up to personal property exemption limit. | 10-4902(a) | |||||||||
| Burial plot: all up to personal property exemption limit. | 10-4902(a) | |||||||||
| Church pew or seat in any other place of worship: all up to personal property exemption limit. | 10-4902(a) | |||||||||
| Clothing and jewelry: all up to personal property exemption limit. | 10-4902(a) | |||||||||
| Sewing machine: all up to personal property exemption limit. | 10-4902(c) | |||||||||
| Pianos and leased organs: all up to personal property exemption limit. | 10-4902(d) | |||||||||
| College investment plans: up to $5,000 for the year before filing for bankruptcy or the average of the contributions of the past 2 years, whichever is greater. | 10-4902(a) | |||||||||
| Public Benefits | Crime victim compensation: all. | 11-9011 | ||||||||
| Workers’ compensation benefits: all. | 19-2355 | |||||||||
| Unemployment compensation benefits: all. | 19-3374 | |||||||||
| General assistance payments: all. | 31-513 | |||||||||
| Disability and aged benefits: all. | 31-513 | |||||||||
| Aid for the blind: all. | 31-2309 | |||||||||
| Tools of Your Trade | Tools, implements, and fixtures: up to $75 in New Castle and Sussex counties; up to 50 in Kent County. | 10-4902(b) | ||||||||
| Tools of trade: up to $15,000 for each debtor. | 10-4914(c) | |||||||||
| Motor vehicle necessary for employment: up to $15,000 for each debtor. | 10-4914(c) | |||||||||
| Wages | Wages: 85% of unpaid earned income. | 10-4913 | ||||||||
| Wildcard | Personal property (except tools of trade): up to $500 for head of household. | 10-4903 | ||||||||