Delaware Chapter 7 Means
Test Calculator

The Chapter 7 means test determines whether your household income is low enough to file for Chapter 7 bankruptcy in Delaware. Created by the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), the test compares your average monthly income over the past six months to the median income for a household of your size in Delaware.

If your income falls below the Delaware median, you automatically qualify for Chapter 7 without further analysis.

Delaware bankruptcy cases are filed in the District of Delaware District of Delaware. The Chapter 7 filing fee is $338, which can be paid in installments or waived for filers below 150% of the federal poverty guidelines.

Delaware's bankruptcy filing rate is roughly in line with the national average.

Successfully passing the means test and receiving a Chapter 7 discharge eliminates most unsecured debts — credit cards, medical bills, personal loans, and utility arrears — typically within 3 to 6 months of filing. However, certain debts survive bankruptcy: student loans (absent undue hardship), recent tax obligations, domestic support obligations (child support and alimony), and debts arising from fraud or willful injury.

Key statutory reference: Del. Code tit.

12, § 2304.

Delaware bankruptcy cases are filed in the District of Delaware (Wilmington), which also serves as a major venue for large corporate Chapter 11 filings — making it one of the nation's busiest bankruptcy courts despite Delaware's small population. The U.S.

Trustee's office in Wilmington (Region 3, also covering New Jersey and Pennsylvania) oversees the Chapter 7 consumer trustee panel. Delaware has opted out of federal exemptions, but its own exemption system is relatively generous: $125,000 homestead (Kent/Sussex counties) and a full-value homestead in New Castle County.

Delaware's $15,000 vehicle exemption is one of the highest in the Mid-Atlantic. Delaware imposes a state income tax; state income tax debts for returns filed 3+ years pre-petition are generally dischargeable.

The U.S. Trustee Program publishes updated median income figures that determine whether you pass the Chapter 7 means test in Delaware.

For the current period, the Delaware median income thresholds are: $56,260 for a 1-person household, $72,636 for a 2-person household, $83,400 for a 3-person household, and $96,050 for a 4-person household. For each additional household member beyond four, add approximately $9,900 to the 4-person figure.

These figures represent annualized gross income — meaning all income received in the six calendar months before filing, doubled. Income includes wages, salary, tips, overtime, bonuses, self-employment income, rental income, pension distributions, unemployment benefits, and contributions from non-filing household members.

Social Security retirement and disability benefits are excluded from the calculation in most courts, which can significantly help retirees qualify.

Delaware's median income thresholds fall near the national midpoint, providing a reasonable baseline for determining Chapter 7 eligibility relative to the state's cost of living.

Earning above the Delaware median income does not automatically disqualify you from Chapter 7 — it simply triggers the second part of the means test. In this phase, you subtract IRS-standardized living expenses from your current monthly income to determine your "disposable income." If your monthly disposable income is below $167.08 (approximately $10,025 over 60 months), you still pass the means test and can file Chapter 7.

The IRS expense standards used in the means test include national standards for food, clothing, personal care, and miscellaneous expenses; local standards for housing and utilities based on your Delaware county; and local standards for transportation. You also deduct actual secured debt payments (mortgage, car loan), priority debt payments (back taxes, domestic support), mandatory payroll deductions (taxes, Social Security, health insurance), and certain other allowable expenses like child care, health care beyond insurance, and court-ordered payments.

Many above-median filers in Delaware still qualify for Chapter 7 after deductions. Homeowners with significant mortgage payments, families with high medical costs, and filers with substantial student loan payments often find their disposable income drops below the threshold.

A bankruptcy attorney can run a preliminary means test calculation to determine whether you'll pass before you commit to filing.

Delaware has opted out of the federal bankruptcy exemptions, meaning filers must use Delaware's state exemption system to protect their property in Chapter 7. This is an important distinction — approximately two-thirds of states have opted out, each creating their own exemption framework.

Under Delaware's exemption system, the homestead exemption protects $125,000 (Kent/Sussex) or value of property (New Castle) of equity in your primary residence. The vehicle exemption covers $15,000.

Delaware also provides a wildcard exemption of $5,000 that can be applied to any property. Retirement accounts (401(k), IRA, pension) are fully exempt under federal law regardless of state exemptions, with traditional and Roth IRAs protected up to approximately $1.5 million.

Delaware's homestead exemption of $125,000 (Kent/Sussex) or value of property (New Castle) is relatively modest compared to states like Florida and Texas, which offer unlimited homestead protection. Homeowners with significant equity may want to consult an attorney about whether Chapter 13 would better protect their home.

Filing Chapter 7 in Delaware requires completing the means test (Official Forms 122A-1 and 122A-2), gathering financial documentation, taking a credit counseling course from an approved agency, and submitting the bankruptcy petition to the District of Delaware District of Delaware Bankruptcy Court (or the applicable district). The filing fee is $338.

Required documents include 6 months of pay stubs, the most recent tax return, bank statements, a list of all debts, and a complete inventory of assets and property.

Within 30 to 45 days of filing, you will attend a Meeting of Creditors (341 meeting) where the Chapter 7 trustee and any attending creditors can ask questions about your financial situation and petition. In practice, most 341 meetings in Delaware last 5 to 10 minutes and creditors rarely appear for consumer bankruptcy cases.

You must bring a government-issued photo ID and proof of Social Security number. After the meeting, you must complete a financial management course (debtor education) before the court will issue your discharge.

The typical Chapter 7 case in Delaware takes 3 to 6 months from filing to discharge. Most consumer Chapter 7 cases are "no-asset" cases, meaning the trustee determines that all of the debtor's property is exempt and there is nothing to distribute to creditors.

In asset cases — where the debtor owns non-exempt property — the process takes longer as the trustee liquidates non-exempt assets and distributes proceeds. An experienced Delaware bankruptcy attorney can usually predict whether a case will be no-asset before filing.

If you don't pass the Chapter 7 means test in Delaware, Chapter 13 bankruptcy offers an alternative path to debt relief. Chapter 13 allows you to keep all of your property while repaying a portion of your debts through a 3- to 5-year payment plan.

The plan duration depends on income: filers below the Delaware median income qualify for a 3-year plan, while above-median filers must commit to 5 years. At the end of the plan, remaining eligible unsecured debts are discharged.

Chapter 13 may be preferable to Chapter 7 in Delaware even if you pass the means test in certain situations: if you're behind on mortgage payments and want to cure the arrears over the plan period; if you have non-exempt property you want to keep (you can protect it by paying its value to creditors through the plan); if you have debts that cannot be discharged in Chapter 7 (such as certain tax obligations); or if you received a Chapter 7 discharge within the past 8 years.

Before filing any bankruptcy in Delaware, consider alternatives such as debt negotiation or settlement, credit counseling and debt management plans, and state law remedies that may protect income and property from creditors. Delaware's wage garnishment limits, bank account exemptions, and other debtor protections may provide sufficient relief without bankruptcy.

The pre-filing credit counseling requirement ensures that every filer has explored these alternatives with a certified counselor before proceeding.

If you qualify for Chapter 7 under the means test, the Delaware Bankruptcy Exemption Calculator shows exactly which assets you can keep. If Chapter 7 isn't available, the Delaware Chapter 13 Payment Plan Calculator estimates your monthly repayment obligation.

And if protecting your home equity is the priority, the Delaware Homestead Exemption Calculator covers Delaware's specific exemption amount and any acreage or residency limits.