Delaware Chapter 7 Bankruptcy — Your Filing Guide

What This Document Does

This document helps you file for Chapter 7 bankruptcy in Delaware, which can eliminate most unsecured debts like credit cards, medical bills, and personal loans. It gives you a fresh financial start.

When to Use This

• You have mostly unsecured debt (credit cards, medical bills, personal loans)
• Your income is below Delaware's median income for your household size
• You cannot afford to repay your debts in 3-5 years
• You do not have significant assets you want to protect

Before You File

Gather these items:

• [ ] Last 6 months of pay stubs or proof of income
• [ ] Last 2 years of tax returns
• [ ] List of all debts (creditor names, addresses, amounts owed)
• [ ] List of all assets (bank accounts, vehicles, property, retirement accounts)
• [ ] Copy of any lawsuits or judgments against you
• [ ] Credit counseling certificate (required before filing)
• [ ] $338 filing fee (or see fee waiver below)

Step-by-Step Filing

1. Complete credit counseling — Take an approved credit counseling course within 180 days BEFORE filing. Find approved providers at: https://www.justice.gov/ust/eo/bapcpa/ccde/cc_approved.htm

1. Complete the bankruptcy petition — Fill in every required field including all debts, assets, income, and expenses.

1. File with the Bankruptcy Court:

• Court: U.S. Bankruptcy Court, District of Delaware
• Address: 824 North Market Street, Suite 800, Wilmington, DE 19801
• Hours: Monday-Friday, 9:00 AM - 4:00 PM
• Phone: (302) 252-2900

1. Pay the filing fee — $338 for Chapter 7

• Fee Waiver: If you cannot afford the fee, file Form 103B (Application to Have Filing Fee Waived). Must show income below 150% of poverty guidelines.

1. Attend the 341 Meeting — About 30 days after filing, you'll meet with the bankruptcy trustee. Bring your photo ID, Social Security card, and all financial documents.

1. Complete debtor education — Take an approved financial management course AFTER filing but BEFORE your discharge. This is required.

At Your 341 Meeting

Bring:

• Photo ID (driver's license or passport)
• Social Security card
• Bank statements for the last 6 months
• Vehicle registration and proof of insurance
• Most recent tax return

Say:

• Answer the trustee's questions honestly and briefly
• "Yes" or "No" answers when possible
• Provide documents when requested

Legal Aid Resources

If you need free legal help:

• Community Legal Aid Society (CLASI): (302) 575-0400 — Serves low-income Delaware residents
• Delaware Volunteer Legal Services: (302) 478-8851 — Pro bono bankruptcy assistance
• Find more: https://www.lsc.gov/about-lsc/what-legal-aid/find-legal-aid

Disclaimer

This guide and the bankruptcy petition template are for informational purposes only and do not constitute legal advice. Bankruptcy law is complex. For legal advice specific to your situation, contact a licensed bankruptcy attorney or the legal aid organizations above.

Not a law firm. Not your attorney. No attorney-client relationship exists.