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Delaware State Bankruptcy Exemptions |
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Delaware State Bankruptcy Exemptions |
| ASSET | EXEMPTION | LAW PROVISION |
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LIMITS |
A single person may exempt no more than $5000 total in all exemptions; a husband & wife may exempt no more than $10,000 total. |
10-4914 |
| HOMESTEAD | NONE, however, property held as tenancy by the entirety may be exempt against debts owed by only one spouse | In re Hovatter, 25 B.R. 123 (D. Del. 1982) |
| INSURANCE | Annuity contract proceeds to $350 per month | 18-2728 |
| Fraternal benefit society benefits | 18-6118 | |
| Group life insurance policy or proceeds | 18-2727 | |
| Health or disability benefits | 18-2726 | |
| Life insurance proceeds if clause prohibits proceeds from being used to pay beneficiary’s creditors | 18-2729 | |
| Life insurance proceeds or avails | 18-2725 | |
| MISCELLANEOUS | Property of business partnership | 6-1525 |
| PENSIONS | Kent County employees | 9-4316 |
| Police officers | 11-8803 | |
| State employees | 29-5503 | |
| Volunteer firefighters | 16-6653 | |
| PERSONAL PROPERTY | Bible, books and family pictures | 10-4902(a) |
| Burial plot | 10-4902(a) | |
| Church pew or any seat in public place of worship | 10-4902(a) | |
| Clothing, includes jewelry | 10-4902(a) | |
| Pianos and leased organs | 10-4902(d) | |
| Sewing machines | 10-4902(c) | |
| PUBLIC BENEFITS | Aid to blind | 31-2309 |
| Aid to aged, disabled, AFDC, general assistance | 31-513 | |
| Unemployment compensation | 19-3374 | |
| Workers’ compensation | 19-2355 | |
| TOOLS OF TRADE | Tools, implements and fixtures to $75 in New Castle and Sussex Counties; to $50 in Kent County | 10-4902(b) |
| WAGES | 85% of earned but unpaid wages | 10-4913 |
| WILD CARD | $500 of any personal property, except tools of trade, if head of family | 10-4903 |
Thursday January 12, 2006