Delaware is an opt-out state, requiring the use of Delaware-specific exemptions. A critical point is Delaware’s global cap: a single filer may not exceed \$5,000 total in exemptions, and a married couple may not exceed \$10,000 total—even if the sums of individual category limits appear higher.
Always verify the latest amounts and statutes with an attorney, as exemption laws can be updated or interpreted differently over time.
Asset / Type of Property | Exemption Description | Statute / Code | Notes |
---|---|---|---|
Overall Exemption Limit | \$5,000 total for a single person;\$10,000 total for married couple | 10 Del. C. § 4914 | Applies to **all** exemptions combined. |
Homestead | Equity in real property or manufactured home (principal residence) up to \$125,000. | In re Hovatter, 25 B.R. 123 (D. Del. 1982) | Still subject to the global \$5k/\$10k cap. |
Annuity Contract Proceeds | Up to \$350/month. | 18 Del. C. § 2728 | |
Fraternal Benefit Society Benefits | Fully exempt. | 18 Del. C. § 6118 | |
Group Life Insurance Policy / Proceeds | Fully exempt. | 18 Del. C. § 2727 | |
Health or Disability Benefits | Fully exempt. | 18 Del. C. § 2726 | |
Life Insurance Proceeds (Anti-Creditor Clause) | Exempt if the policy prohibits using proceeds for beneficiary’s creditors. | 18 Del. C. § 2729 | |
Life Insurance Proceeds / Avails | Generally exempt from claims. | 18 Del. C. § 2725 | |
Property of Business Partnership | Exempt from individual partner’s creditors. | 6 Del. C. § 1525 | |
Kent County Employees | Exempt pension benefits. | 9 Del. C. § 4316 | |
Police Officers | Exempt benefits. | 11 Del. C. § 8803 | |
State Employees | Exempt retirement/pension. | 29 Del. C. § 5503 | |
Volunteer Firefighters | Exempt benefits. | 16 Del. C. § 6653 | |
Bible, Books, Family Pictures | These items are exempt as personal property. | 10 Del. C. § 4902(a) | |
Burial Plot | Fully exempt. | 10 Del. C. § 4902(a) | |
Church Pew / Seat in Place of Worship | Fully exempt. | 10 Del. C. § 4902(a) | |
Clothing (Includes Jewelry) | Fully exempt as personal property. | 10 Del. C. § 4902(a) | |
Pianos & Leased Organs | Fully exempt if personal property. | 10 Del. C. § 4902(d) | |
Sewing Machines | Fully exempt. | 10 Del. C. § 4902(c) | |
Aid to the Blind | Exempt from creditors. | 31 Del. C. § 2309 | |
Aid to Aged, Disabled, AFDC, General Assistance | Fully exempt. | 31 Del. C. § 513 | |
Unemployment Compensation | Fully exempt. | 19 Del. C. § 3374 | |
Workers’ Compensation | Fully exempt. | 19 Del. C. § 2355 | |
Tools, Implements, Fixtures | Up to \$75 in New Castle & Sussex Counties;\$50 in Kent County. | 10 Del. C. § 4902(b) | Still subject to overall \$5k/\$10k cap. |
Wages | 85% of earned but unpaid wages are exempt. | 10 Del. C. § 4913 | |
Wildcard | \$500 of any personal property, if head of family. | 10 Del. C. § 4903 | Again, cannot exceed the \$5k/\$10k total limit. |
The information provided here is for general educational purposes only and may not reflect current legal developments. Delaware’s \$5,000/\$10,000 overall cap is strictly enforced, even if individual category exemptions total more than that. Always consult a licensed Delaware bankruptcy attorney for guidance tailored to your circumstances.