title: "Delaware Bankruptcy Chapter 7 - LSC-Grade Legal Packet"

state: "DE"

category: "Bankruptcy"

date: "2026-03-20"

price: "$97"

lsc_grade: true

Delaware Chapter 7 Bankruptcy Filing Packet

Jurist-Diction | Attorney-Drafted Legal Documents

This packet is for informational purposes only and does not constitute legal advice. For legal advice, contact a licensed Delaware attorney or legal aid organization.

1. Eligibility Checker

Can You File Chapter 7 Bankruptcy in Delaware?

Answer these questions to see if you qualify:

Residency Requirements:

• [ ] Have you lived in Delaware for at least 91 of the last 180 days?
• [ ] If you lived in multiple states, have you spent the majority of the last 180 days in Delaware?

Means Test Requirements (11 U.S.C. § 707(b)):

• [ ] Is your household income below the Delaware median income for your household size?

If your income is ABOVE the median, you must complete the full means test calculation to determine if you have enough "disposable income" to repay some debts in Chapter 13 instead.

Other Requirements:

• [ ] Have you NOT filed a Chapter 7 bankruptcy in the last 8 years?
• [ ] Have you NOT filed a Chapter 13 bankruptcy in the last 6 years?
• [ ] Did you NOT have a bankruptcy case dismissed in the last 180 days for certain reasons?
• [ ] Have you completed a credit counseling course within 180 days before filing?

If you checked all boxes above, you likely qualify to file Chapter 7 bankruptcy in Delaware.

What Debts Can Be Discharged (Wiped Out)?

Is Chapter 7 Right for You?

Chapter 7 is best if:

• You have mostly unsecured debt (credit cards, medical bills)
• Your income is below the Delaware median
• You don't have significant assets to protect
• You want a fresh start quickly (4-6 months)

Consider Chapter 13 if:

• Your income is above the median
• You're behind on mortgage or car payments you want to keep
• You have significant assets to protect
• You have debts that can't be discharged in Chapter 7

2. Required Forms

Official Bankruptcy Forms (Required for Everyone)

Additional Required Forms

Delaware-Specific Requirements

3. Step-by-Step Filing Instructions

Before You File: 60-90 Days Before

Step 1: Complete Credit Counseling

1. Find an approved credit counseling agency at: https://justice.gov/ust/eo/bapcpa/ccde/cc_approved.htm
2. Complete the 60-90 minute course (online or phone)
3. Receive your certificate of completion (Form 423)
4. Certificate is valid for 180 days

Step 2: Gather Your Documents

• All pay stubs from the last 7 months
• Last 2-3 years of tax returns
• Bank statements for last 6 months
• List of all debts (creditor names, addresses, amounts)
• List of all assets (property, vehicles, bank accounts, household goods)
• Vehicle titles and registration
• Mortgage statements and property tax records
• Retirement account statements
• Any lawsuits or judgments against you

Step 3: Complete the Means Test

1. Get your average monthly income for the last 6 months
2. Compare to Delaware median income for your household size
3. If below median: You qualify, no further calculation needed
4. If above median: Complete Form 122A-2 to calculate allowed expenses

Filing Your Case

Step 4: Complete All Bankruptcy Forms

1. Fill out Form 101 (Voluntary Petition)
2. Complete Schedules A/B through J
3. Complete Statement of Financial Affairs (Form 107)
4. Complete means test forms (122A-1 and 122A-2 if required)
5. Sign the Declaration (Form 106Dec)

Step 5: Determine Where to File

Delaware has one bankruptcy court district with the main courthouse in Wilmington:

Step 6: File Your Petition

1. File online via CM/ECF (requires account) OR
2. File in person at the bankruptcy clerk's office in Wilmington
3. Pay the filing fee: $338 (Chapter 7)
4. You can apply to pay in installments or waive the fee if your income is below 150% of poverty level

Step 7: Submit Required Documents to Trustee

1. Within 14 days of filing, send to your assigned trustee:

• Last 2 years of tax returns
• Pay stubs from 60 days before filing
• Any other documents trustee requests

After Filing: The Process

Step 8: Attend the 341 Meeting (Meeting of Creditors)

• Scheduled 21-40 days after filing
• Usually held at the federal courthouse in Wilmington
• Usually lasts 5-10 minutes
• Trustee asks questions about your forms
• Creditors may attend (rarely do)

Step 9: Complete Debtor Education Course

1. Must complete AFTER filing (different from pre-filing course)
2. Find approved provider at: https://justice.gov/ust/eo/bapcpa/ccde/de_approved.htm
3. File Form 423 (Certificate of Completion) within 60 days of 341 meeting

Step 10: Wait for Discharge

• Typically 60-90 days after 341 meeting
• You'll receive a court order discharging your debts
• Case officially closes

4. Exact Court Information

U.S. Bankruptcy Court - District of Delaware

Wilmington Courthouse (Main Location)

• Address: 844 N. King Street, Room 2112, Wilmington, DE 19801
• Phone: (302) 252-2900
• Hours: Monday-Friday, 8:30 AM - 4:30 PM
• Filing Fee: $338
• Fee Waiver: Available if income below 150% of poverty level (Form 103B)
• Website: https://www.deb.uscourts.gov

Counties Served: All Delaware counties (New Castle, Kent, Sussex)

Fee Waiver Information

If you cannot afford the $338 filing fee:

1. Complete Form 103B (Application to Have Filing Fee Waived)
2. File with your petition
3. Court will review and decide if you qualify
4. Alternative: Form 103A (Application to Pay Fee in Installments)

Fee Installment Option

If you cannot pay the full $338 at once:

1. Complete Form 103A (Application to Pay Filing Fee in Installments)
2. Propose a payment plan (typically 2-4 payments within 120 days)
3. Court must approve your plan

5. Filing Checklist

Bring to the courthouse (or have ready for e-filing):

• [ ] Form 101 - Voluntary Petition (original)
• [ ] Schedules A/B through J
• [ ] Schedule Summary (Form 106Sum)
• [ ] Declaration (Form 106Dec)
• [ ] Statement of Financial Affairs (Form 107)
• [ ] Form 122A-1 (Current Monthly Income)
• [ ] Form 122A-2 (Means Test - if income above median)
• [ ] Credit Counseling Certificate (Form 423)
• [ ] Statement of Intention (if you have secured debts)
• [ ] Mailing matrix (list of all creditor addresses)
• [ ] Filing fee ($338) or fee waiver application
• [ ] Photo ID (driver's license, state ID, or passport)
• [ ] Social Security card or proof of SSN
• [ ] Copies of last 2 years of tax returns (for trustee)
• [ ] Pay stubs from 60 days before filing (for trustee)

6. What to Bring to the 341 Meeting

The 341 Meeting is also called the "Meeting of Creditors." It is NOT a court hearing before a judge. It's a meeting with the bankruptcy trustee.

Required:

• [ ] Photo ID (driver's license, passport, or state ID)
• [ ] Social Security card (original, not copy)
• [ ] Proof of address (utility bill, lease, or bank statement from last 30 days)
• [ ] Bank statements covering the filing date
• [ ] Most recent pay stub
• [ ] Vehicle registration(s) for any vehicles you own
• [ ] Any documents specifically requested by your trustee

If you own real estate:

• [ ] Most recent mortgage statement
• [ ] Property tax statement
• [ ] Homeowner's insurance declaration page
• [ ] Recent appraisal if available

If self-employed:

• [ ] Recent business bank statements
• [ ] Profit and loss statement
• [ ] Business tax returns

7. What Happens After Filing

Timeline

The Automatic Stay (11 U.S.C. § 362)

Once you file, the "automatic stay" immediately stops:

• Foreclosure proceedings
• Car repossession
• Wage garnishment
• Collection calls and letters
• Lawsuits against you
• Utility shutoffs

Outcomes

1. Discharge Granted: Most common. Your qualifying debts are wiped out. You get a fresh start.

1. Case Dismissed: Can happen if you:

• Fail to file required documents
• Fail to attend the 341 meeting
• Fail to complete debtor education
• Try to hide assets or commit fraud

1. Conversion to Chapter 13: If trustee finds you have enough income to repay some debts

After Discharge

1. Keep your discharge order - This is your proof debts were wiped out
2. Check your credit report - Discharged debts should show $0 balance
3. Rebuild credit slowly - Get a secured credit card, pay on time
4. Don't incur new debt immediately - Wait at least 6-12 months
5. You cannot file Chapter 7 again for 8 years

8. Local Legal Aid Resources

LSC-Funded Legal Aid Organizations (Bankruptcy Help)

Community Legal Aid Society, Inc. (CLASI)

• New Castle County: 302-575-0400 — 100 W. 10th Street, Suite 801, Wilmington, DE 19801
• Kent County: 302-674-8500 — 1040 N. State Street, Dover, DE 19901
• Sussex County: 302-856-2223 — 20151 Office Park Circle, Georgetown, DE 19947
• Website: declasi.org
• Services: Free civil legal services including bankruptcy guidance for low-income individuals
• Note: Income limits apply, typically below 200% of federal poverty level

Delaware Volunteer Legal Services (DVLS)

• Phone: 302-478-8850
• Website: dvlc.org
• Services: Pro bono legal assistance for low-income Delaware residents
• May offer bankruptcy help through volunteer attorneys

Income Eligibility for Legal Aid

Most LSC-funded programs serve households with income at or below 200% of the Federal Poverty Level:

Even if you are above these limits, call anyway — some programs have different funding sources with higher limits.

Bankruptcy-Specific Resources

Delaware State Bar Association Lawyer Referral Service

• Phone: (302) 658-5279
• Website: dsba.org
• Services: Low-cost initial consultation with a bankruptcy attorney

U.S. Trustee Program - Region 3 (Delaware)

• Website: justice.gov/ust
• Services: Information about approved credit counseling agencies and debtor education

Delaware Bankruptcy Court Self-Help

• Website: deb.uscourts.gov
• Services: Forms, instructions, and filing information

2-1-1 Delaware

• Dial: 2-1-1
• Website: 211delaware.org
• Services: Connects you to local social services, financial counseling, and support

9. Controlling Statute Citations

Federal Bankruptcy Law (Applies Nationwide)

Delaware State Law (Exemptions)

Delaware has NOT "opted out" of federal exemptions. This means Delaware filers can choose between federal exemptions and Delaware state exemptions. Most filers benefit from using federal exemptions because Delaware's state exemptions are limited.

Federal Exemptions Summary (Often Better for DE Filers)

Delaware State Exemptions Summary

Recommendation: Most Delaware filers should use the federal exemptions (11 U.S.C. § 522(d)) because they are more generous than Delaware's state exemptions, particularly for homestead and wildcard exemptions.

10. Disclaimer

IMPORTANT: This packet provides general information and template documents for informational purposes only. It does not constitute legal advice.

• Jurist-Diction is not a law firm and cannot provide legal advice.
• Bankruptcy laws are complex and have long-term financial consequences.
• These documents may not be appropriate for your specific situation.
• Laws change frequently. Verify current law before filing.
• Filing bankruptcy incorrectly can result in denial of discharge or criminal charges.

You should consult an attorney if:

• You have significant assets (home with equity, investments, business)
• You recently transferred property to family or friends
• You have pending lawsuits
• You owe taxes
• You have student loans you want discharged
• A creditor claims you committed fraud
• Your case is contested by any creditor

For legal advice, contact:

• Community Legal Aid Society (CLASI) at 302-575-0400 (New Castle), 302-674-8500 (Kent), or 302-856-2223 (Sussex)
• Delaware Volunteer Legal Services at 302-478-8850
• A private bankruptcy attorney
• The Delaware State Bar Association Lawyer Referral Service at (302) 658-5279

Attorney-drafted Delaware bankruptcy documents from Jurist-Diction start at $97 — court-ready templates with step-by-step instructions.

Last Updated: March 2026

Related Resources

• U.S. Courts Bankruptcy Information
• District of Delaware Bankruptcy Court
• Approved Credit Counseling Agencies
• Delaware Divorce Guide
• Delaware Expungement Guide