Delaware Bankruptcy Exemptions
Limitation
10 §4914 Total exemptions (in addition to retirement plans) may not exceed
$25,000 - Subject to doubling
Homestead
10-4914 - Real property or a manufactured home that is the primary residence
up to $50,000. (not subject to doubling )
Personal Property
10-4902 - Clothing, including jewelry; books; family pictures; piano; leased
organs; sewing machines; burial plot; church pew or any seat in public place
of worship. Also $500 of any other personal property if head of family
(except tools of trade).
10-4916 - College investment plan account (whichever is more; limit of
$5,000 for one year prior to filing or the average of the past two years'
contributions.
12-3536 - Principal and income from spendthrift trusts.
Wages
10-4913 - 85% of earned but unpaid wages.
Pensions
11 U.S.C. § 522 - Tax exempt retirement accounts; Traditional and Roth IRAs
up to $1,095,000 per person.
9-4316 - Kent County employees.
11-8803 - Police officers.
16-6653 - Volunteer firefighters.
29-5503 - State employees.
Public Benefits
19-2355 - Workers' compensation.
19-3374 - Unemployment compensation.
31-2309 & 31-513 - General assistance; aid to aged, blind and disabled.
11-9011 - Crime victims' compensation.
Tools of Trade
10-4902 - Tools, implements and fixtures, up to $75 in New Castle and Sussex
counties, and up to $50 in Kent County.
10-4914 - Vehicles and/or tools of trade that are necessary for employment
up to $15,000 each.
Insurance
18-2725 - Life insurance proceeds.
18-2726 - Health or disability benefits.
18-2727 - Group life insurance policy or proceeds.
18-2728 - Annuity contract proceeds up to $350 per month.
18-2729 - Life insurance proceeds if policy prohibits use to pay creditors.
18-6218 - Fraternal benefit society benefits.
