Bankruptcy in Delaware

Filing Bankruptcy in Delaware

Delaware requires filers to use state exemptions only. You cannot choose the federal exemption schedule. This means your homestead exemption is $125,000, which determines how much equity in your home is protected from creditors.

Homestead Exemption: $125,000

The homestead exemption protects equity in your primary residence during bankruptcy. In Delaware, you can protect up to $125,000 of equity in your primary residence. If your home equity exceeds this amount, a Chapter 7 trustee could force a sale — making Chapter 13 (which lets you keep your home while repaying over 3-5 years) a safer option for homeowners with significant equity.

After Discharge: Rebuilding Credit in Delaware

Once your bankruptcy is discharged, the rebuild process is the same regardless of state. Open a secured credit card (the Discover it Secured is the best option with $0 fee and Cashback Match), keep utilization below 10%, and add a credit-builder loan within 6 months.

If you plan to form a business after bankruptcy, Delaware's LLC filing fee is $90 through the Secretary of State at corp.delaware.gov. You can begin building business credit immediately after discharge — bankruptcy only affects your personal credit file, not your new LLC's business credit profile.