File Chapter 7 Bankruptcy for Free in Delaware (2025 Guide)

Struggling with debt in Delaware? Chapter 7 bankruptcy can erase credit card bills, medical debts, and payday loans. You can get a fresh financial start without hiring a lawyer.

Many people complete the process on their own. You’ll learn how to gather documents, take required courses, fill out forms, and attend a short meeting. Delaware’s generous exemptions protect your home, car, and essentials.

Step-by-Step Process to File Chapter 7 in Delaware

Collect Your Delaware Bankruptcy Documents

You’ll need financial information about your income, debts, and expenses. Gather these required documents before starting:

• Pay stubs from the last six months
• Federal tax returns from the last two years
• Bank statements covering your filing date

These optional items make form completion easier:

• Bank statements from the last 6-12 months
• Credit card and loan statements
• Letters from debt collectors
• Recent credit report

Take a Credit Counseling Course

Before filing Chapter 7 bankruptcy in Delaware, you must complete credit counseling. The course covers debt relief options and alternatives to bankruptcy. It takes 1-2 hours and is available online, by phone, or in person.

Important details:

• Course costs $10-$50, but fee waivers are available
• Must be completed within 180 days before filing
• Choose a provider approved for Delaware
• You’ll receive a completion certificate to file with your forms
• Missing certificate can result in case dismissal

Complete the Bankruptcy Forms

Chapter 7 bankruptcy forms are federal documents. They’re identical regardless of location. Download free fillable PDFs from USCourts.gov.

Working with a bankruptcy attorney means they’ll complete forms using your information.

Get Your Filing Fee

The court charges $338 to file Chapter 7 bankruptcy. Many people qualify for a fee waiver and file for free.

If you don’t qualify for a waiver, request payment in up to four installments. The first payment of $84.50 is due when filing. You’ll have 120 days to pay the full amount.

Some people save the full fee before filing. But if you face wage garnishment or foreclosure, filing immediately triggers the automatic stay. The automatic stay temporarily stops most collection actions. Missing an installment payment can result in case dismissal.

Print Your Bankruptcy Forms

Filing without a lawyer requires printing forms for in-person or mail submission. Only attorneys can file electronically.

Follow these printing guidelines:

• Use black ink only
• Print single-sided pages
• Use standard letter-size paper (8.5″ x 11″)
• Don’t staple, hole-punch, or bind pages

Sign every required page. Missing signatures are common when handling multiple forms.

Local libraries or office supply stores offer printing services. Print an extra copy for your records or save an electronic version.

File Your Forms With the Delaware Bankruptcy Court

Submit printed and signed forms to the court in person or by mail.

Filing in person is often better. The clerk identifies missing or unsigned items immediately. You can fix problems on the spot. Bring an extra copy for the clerk to time-stamp as filing proof.

Mailing paperwork takes longer than in-person delivery. Use certified mail to track forms and confirm receipt date.

Mail Documents to Your Trustee

After filing, the court assigns a bankruptcy trustee to your case. The trustee reviews paperwork, checks accuracy, and handles property issues. Most Chapter 7 filers keep everything they own.

You’ll meet your trustee at the 341 meeting. They’ll ask questions to verify form accuracy. Before the meeting, send required documents for trustee review.

Most Delaware trustees request:

• Two most recent federal tax returns
• Bank statements for accounts open when filing
• Clear photo ID copy (driver’s license or passport)
• Social Security number proof (Social Security card, W-2, or pay stub)
• Current income proof like recent pay stubs

Send documents at least 14 days before your 341 meeting. After filing, you’ll receive court notice with trustee name and contact information. Most trustees send letters explaining exact requirements.

Trustees sometimes request additional documents. Send them quickly to keep your case on track.

Take a Debtor Education Course

After filing, complete one more required class before debt discharge. Debtor education covers budgeting, credit management, and post-bankruptcy financial decisions. It differs from pre-filing credit counseling.

You’ll receive a completion certificate to file with the court for discharge.

Key information:

• Complete course within 60 days after your 341 meeting
• Use a court-approved provider
• Late certificate filing may result in case closure without debt discharge

Attend Your 341 Meeting

About one month after filing, you’ll attend the 341 meeting (meeting of creditors). All Chapter 7 filers must attend. Creditors can attend but rarely do. Most meetings involve just you and the trustee.

The trustee verifies your identity and asks questions about bankruptcy forms, income, and property. They confirm accuracy and Chapter 7 qualification. Meetings usually last under 15 minutes.

Most 341 meetings are now held online via Zoom. You’ll receive court or trustee details about attendance. Double-check instructions ahead of time.

Bring to your meeting:

• Valid photo ID (driver’s license or passport)
• Social Security number proof (Social Security card, W-2, or pay stub)

Feeling nervous is normal. Many people review forms beforehand for confidence. The 341 meeting is usually easier than expected.

Deal With Your Car

Many Chapter 7 filers in Delaware keep their vehicles. Whether you keep yours depends on:

• Your car’s value
• Whether you own it outright, make loan payments, or lease it
• Property exemptions you qualify for

Delaware’s motor vehicle exemption protects up to $25,000 of car equity. Equity equals car value minus remaining loan balance. Equity under the exemption limit means you’ll likely keep your car.

If you make loan payments, you have three main choices:

• Reaffirm the loan: Keep the car and continue regular payments after bankruptcy. Reaffirmation agreements suit filers current on payments who want to keep loans.
• Redeem the car: Pay the lender the car’s current fair market value in one lump sum. If your loan balance exceeds car value, redemption saves money but requires available cash.
• Surrender the car: Return the car and erase remaining loan balance. Many choose this option if behind on payments or if the car isn’t worth keeping. You can get another vehicle after bankruptcy.

If you own your car outright, you’ll keep it if its value is $25,000 or less under Delaware’s vehicle exemption.

Leased vehicles work differently. You’ll decide whether to keep or return the car.

Delaware Bankruptcy Means Test

To qualify for Chapter 7 bankruptcy, you must pass the means test. The test examines your income and expenses to determine Chapter 7 eligibility.

The means test has two steps. Step one compares your average monthly income to Delaware’s median income for your household size. Income below the limit likely qualifies you for Chapter 7 immediately.

Many people pass the means test at Step 1.

Delaware Median Income Standards for Means Test (2025)

Income thresholds vary by household size. Check current Delaware median income levels to determine your eligibility.

Delaware Fee Waiver Eligibility (2025)

You qualify for a fee waiver when earning under 150% of poverty level:

• Household of 1: $1,882.50/month
• Household of 2: $2,555/month
• Household of 3: $3,227.50/month
• Household of 4: $3,900/month
• Household of 5: $4,572.50/month

Delaware Districts and Filing Requirements

Delaware has one federal bankruptcy district. Everyone in Delaware files through the U.S. Bankruptcy Court for the District of Delaware.

Most forms match those used in other states. Delaware has a few additional local forms, but most Chapter 7 filers don’t need them.

File forms by mail or in person at:

U.S. Bankruptcy Court
District of Delaware
824 Market Street, 3rd Floor
Wilmington, DE 19801

Pay court fees with exact cash (in person) or money order/cashier’s check payable to Clerk, U.S. Bankruptcy Court. Include exact amount and case number.

Credit cards and personal checks aren’t accepted.

To pay the filing fee in installments, submit a request with the first $84.50 payment. For a complete fee waiver, include the fee waiver application instead.

Delaware Bankruptcy Exemptions

When filing Chapter 7 bankruptcy, you don’t lose everything you own. Bankruptcy exemptions protect certain property types like your home, car, and everyday belongings.

Each state has different exemption rules. Some states let you choose between state and federal exemptions. Delaware requires using state exemption laws. Delaware has generous exemptions compared to many states.

Key Delaware exemptions:

• Home equity: Protect up to $200,000 of home equity
• Vehicle: Protect up to $25,000 of equity in one car
• Wildcard: If you don’t use the homestead exemption, apply up to $25,000 of unused amount to protect other property

Exemptions ensure you’re not starting over from nothing. You’ll keep important items and move forward with a fresh start.

Delaware Bankruptcy Lawyer Cost

Legal fees are the biggest bankruptcy expense. Delaware bankruptcy lawyers charge flat fees between $955 and $1,450. Some people hire lawyers if they own homes, have complex situations, or want extra process support.

If hiring an attorney feels right for your situation, you can speak with a bankruptcy attorney for free to discuss your options.

Delaware Legal Aid Organizations

Filing bankruptcy on your own can feel overwhelming. Hiring a lawyer is one option, but not the only one. If you can’t afford an attorney, you may qualify for free or low-cost help through legal aid organizations.