What is the bankruptcy means test?

The bankruptcy means test determines whether you qualify to file Chapter 7 bankruptcy. It compares your average monthly income over the past 6 months to your state's median income. If you're below the median, you automatically qualify. If above, you must pass a second part examining disposable income.

How much debt do you need to file bankruptcy?

There is no minimum debt amount required to file bankruptcy. However, most bankruptcy attorneys recommend filing only when debt exceeds what you can realistically repay within 5 years, typically $10,000 or more.

How long does bankruptcy stay on your credit report?

Chapter 7 bankruptcy stays on your credit report for 10 years from the filing date. Chapter 13 bankruptcy stays for 7 years. Both affect your ability to get new credit, but the impact diminishes over time as you rebuild.

What states does this calculator support?

BankruptcyByState.net supports bankruptcy means test calculations for all 50 states using current federal and state-specific median income figures.

What is the Chapter 7 income limit in Delaware for 2026?

The 2026 Chapter 7 means test income limit in Delaware is $66,360/year for a single person and $107,520/year for a family of four.

Are retirement accounts protected in Delaware bankruptcy?

Yes. All qualified retirement accounts (401(k), IRA, pension) are fully protected in Delaware bankruptcy — both Chapter 7 and Chapter 13. This protection has no dollar limit for most qualified plans.

What is the vehicle exemption in Delaware?

Delaware's vehicle exemption protects $15,000 in a motor vehicle.

How much does it cost to file bankruptcy in Delaware?

The court filing fee for Chapter 7 in Delaware is $338; for Chapter 13 it is $313. Attorney fees for Chapter 7 typically range $1,000-$2,500; Chapter 13 attorney fees typically range $3,000-$5,000, payable through the plan.

Delaware Bankruptcy Calculators 2026 — Complete State Guide

Delaware residents filing bankruptcy use both federal bankruptcy law (11 U.S.C.) and Delaware-specific exemption statutes to determine eligibility, protect assets, and structure repayment plans. This page provides a complete reference for 2026 Delaware bankruptcy rules, including median income thresholds for the Chapter 7 means test, asset exemption amounts, and links to all state-specific calculators.

For a single person in Delaware, the 2026 Chapter 7 income limit is $66,360/year ($5,530/month). For a family of four: $107,520/year. Delaware's homestead exemption protects $0 in home equity (No homestead exemption). Retirement accounts are fully protected in Delaware, as they are in every state.

Delaware 2026 Chapter 7 Median Income Thresholds

Household Size	Annual Income Limit	Monthly Limit
1 person	$66,360	$5,530
2 people	$83,820	$6,985
3 people	$97,548	$8,129
4 people	$107,520	$8,960
5 people	$117,420	$9,785

Delaware 2026 Bankruptcy Exemptions

Asset Type	Protected Amount	Notes
Homestead / Home Equity	$0	No homestead exemption
Motor Vehicle	$15,000	—
Retirement Accounts	100%	All qualified plans
Wildcard	$25,000	Any asset
Personal Property	$25,000	Household goods, clothing
Wages	85% of disposable earnings	Earned but unpaid wages

Delaware Bankruptcy Calculators

Frequently Asked Questions

How does Delaware's homestead exemption compare to other states?

Delaware's homestead exemption of $0 is below the national average, which means homeowners with significant equity should carefully evaluate whether their equity is protected before filing Chapter 7. Homeowners with equity near or above the exemption limit should discuss Chapter 13 as an alternative with a bankruptcy attorney.

Who qualifies for Chapter 7 bankruptcy in Delaware?

To file Chapter 7 in Delaware, you must pass the means test (income at or below $66,360/year for a single person, or complete the disposable income calculation if above), not have had a Chapter 7 discharge within the past 8 years or a Chapter 13 discharge within the past 6 years, not have had a bankruptcy case dismissed within the past 180 days for cause (fraud, willful failure to follow court orders), and complete a credit counseling course from an approved provider within 180 days before filing.

What is the typical cost to file bankruptcy in Delaware?

The filing fee for Chapter 7 in Delaware is $338 (payable to the bankruptcy court) and for Chapter 13 is $313. Attorney fees vary significantly: Chapter 7 attorney fees in Delaware typically range from $1,000 to $2,500 depending on case complexity, geographic market, and attorney experience. Chapter 13 attorney fees are subject to local court fee guidelines and are typically $3,000 to $5,000, paid through the plan over time rather than upfront. Fee waivers are available for Chapter 7 filers with income below 150% of the federal poverty line.