How To File Bankruptcy for Free in Delaware
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If you live in Delaware and are struggling with debt, Chapter 7 bankruptcy can help you erase many unsecured debts and get a fresh start — often without hiring a lawyer. This guide covers each step, from gathering documents and taking required courses to filing forms and attending a short trustee meeting. You’ll also learn about Delaware’s generous exemptions that protect your home, car, and other essentials. If your case is simple, you may even qualify to use Upsolve’s free filing tool to get started at no cost.
Written by Attorney Andrea Wimmer.
Updated March 3, 2026
How To File Bankruptcy for Free in Delaware
If you're struggling with debt in Delaware, filing Chapter 7 bankruptcy could give you a fresh start. It can erase credit card debt, medical bills, payday loans, and other qualifying debts.
And it may surprise you to learn that you don’t need a lawyer to file. Many people complete the process on their own. This guide walks you through each step, from gathering documents and taking required courses to filling out forms, submitting them to the court, and attending a short meeting about your case.
✨ If your case is simple, you may be able to use Upsolve’s free filing tool to get started today. It only takes a few minutes to see if you qualify.
Collect Your Delaware Bankruptcy Documents
📋 To get started with Chapter 7 bankruptcy in Delaware, you’ll need to provide information about your income, debts, and expenses. Whether you’re filling out the forms yourself, using Upsolve’s free filing tool, or working with a lawyer, it helps to gather key financial documents ahead of time.
These documents are required:
Pay stubs from the last six months
Federal income tax returns from the last two years
A bank statement that covers the day you file your case
These items aren’t must-haves, but many folks keep them nearby to make filling out their forms easier:
Bank statements from the last 6–12 months
Credit card and loan statements
Letters or notices from debt collectors or collection agencies
A recent credit report
📄 You can get a free credit report from each of the three major credit bureaus every week at AnnualCreditReport.com. If you use Upsolve’s free filing tool, it will automatically pull your credit report for you.
Take a Credit Counseling Course
Before you can file for Chapter 7 bankruptcy in Delaware, you’ll need to take a credit counseling course from an approved provider. This course gives you an overview of your debt relief options, including alternatives to bankruptcy. It usually takes 1–2 hours and can be completed online, by phone, or in person.
Here’s what to know:
💰 The course costs about $10–$50, but you may qualify for a fee waiver if you can’t afford it.
🗓️ You must complete the course within 180 days before you file.
✅ Choose a provider that’s approved for Delaware.
📄 When you finish, you’ll get a certificate of completion that you must file with your bankruptcy forms.
⚠️ If the certificate isn’t filed, your case could be dismissed.
Once you’ve completed the course, the next step is to start filling out your bankruptcy forms.
Complete the Bankruptcy Forms
Chapter 7 bankruptcy forms are federal forms, which means they’re the same no matter where you live. You can download them for free as fillable PDFs from USCourts.gov.
✨ If you’re using Upsolve’s filing tool, you’ll answer an online questionnaire. Based on your answers, Upsolve will prepare your bankruptcy forms for you.
If you're working with a lawyer, they or their staff will usually complete the forms using information you provide.
Get Your Filing Fee
The court charges a $338 fee to file a Chapter 7 bankruptcy case, but many people file for free using a fee waiver.
If your income is below 150% of the federal poverty guideline, you may be able to get the fee waived. Upsolve’s filing tool can prepare the fee waiver form for you, but you’ll still need to print and file it with the court yourself.
If you don’t qualify for a waiver, you can ask to pay the fee in up to four installments. The first payment of $84.50 is due when you file. If the court approves your plan, you’ll have up to 120 days to pay the full amount.
⏳Some people choose to wait and save the full fee before filing. But if you’re facing urgent issues like wage garnishment or foreclosure, filing right away triggers the automatic stay, which temporarily stops most collection actions. Just keep in mind that if you miss a payment on your plan, your case could be dismissed.
Print Your Bankruptcy Forms
If you're filing for bankruptcy in Delaware without a lawyer, you'll need to print out your forms and file them in person or by mail. Only attorneys can file electronically.
When printing your forms, follow these best practices:
🖨️ Use black ink.
📄 Print single-sided only.
📏 Use standard letter-size paper (8.5” x 11”).
🚫 Don’t staple, hole-punch, or bind your pages.
Make sure you sign every required page. It’s easy to miss a signature when there are a lot of forms.
✨ If you’re using Upsolve’s filing tool, you’ll get a complete packet that’s ready to print and file. There are also helpful markers that flag each spot you need to sign.
If you don’t have access to a printer at home, local libraries or office supply stores can usually print your documents for a small fee. Many filers choose to print an extra copy to keep for their own records, but you can also save an electronic copy if you prepare your forms electronically.
File Your Forms With the Delaware Bankruptcy Court
After your forms are printed and signed, you’re ready to submit them to the court either in person or by mail.
👤 Filing in person is often the better choice. If anything’s missing or unsigned, the clerk can let you know right away so you can fix it on the spot. Many people also bring an extra copy of their forms so the clerk can time-stamp it as proof of when the case was filed.
📬 You can also mail your paperwork. This may take longer than delivering your forms in person. If you send your forms via mail, it’s best to use certified mail so you can track the forms and know the date they’re received.
Mail Documents to Your Trustee
After you file your bankruptcy forms, the court will assign a bankruptcy trustee to your case. The trustee’s job is to review your paperwork, check for accuracy, and make sure everything’s in order so your case can move forward smoothly. They also handle any issues related to your property, though most Chapter 7 filers get to keep everything they own.
👥 You’ll meet with your trustee in a short meeting called the 341 meeting, where they’ll ask a few questions to make sure your forms are accurate. Before that meeting, you’ll need to send your trustee a few documents so they can review your case ahead of time.
Here’s what most Delaware trustees ask for:
Your two most recent federal tax returns
A bank statement for any accounts you had open when you filed
A clear copy of your photo ID (like a driver’s license or passport)
Proof of your Social Security number (like your Social Security card, W-2, or pay stub)
Proof of your current income, like recent pay stubs
📅 These documents must be sent at least 14 days before your 341 meeting. After you file, you’ll get an official court notice with your trustee’s name and contact information. Most trustees will also send a letter explaining exactly what they need.
📬 Sometimes trustees request additional documents. If that happens, sending them quickly can help keep your case on track.
Take a Debtor Education Course
After you file your case, you need to complete one more required class before your debts can be erased. This second course is called debtor education, and it covers topics like budgeting, managing credit, and making financial decisions after bankruptcy. It’s different from the first class you took before filing.
📄 Once you finish the course, you’ll get a certificate of completion. You’ll need to file this with the court to receive your discharge.
Here’s what to know:
🗓️ The course must be completed within 60 days after your 341 meeting.
✅ You must use a court-approved provider.
⚠️ If your certificate isn’t filed on time, the court could close your case without erasing your debts.
After that’s done, you’ll be one step closer to getting your debts officially wiped out!
Attend Your 341 Meeting
About a month after you file your bankruptcy case, you’ll attend a short meeting called the 341 meeting (also known as the meeting of creditors). This is a required step for all Chapter 7 filers. While creditors are allowed to attend, they rarely do. In most cases, it’s just you and the bankruptcy trustee.
During the meeting, the trustee will verify your identity and ask you a few questions about your bankruptcy forms, your income, and your property. Their goal is to make sure everything is accurate and that you qualify for Chapter 7. The meeting usually lasts less than 15 minutes.
💻 Most 341 meetings are now held online over Zoom. You’ll get details from the court or trustee about how and when to attend. It’s important to double-check these instructions ahead of time.
🪪 To attend your meeting, you’ll need to have:
A valid photo ID (like a driver’s license or passport)
Proof of your Social Security number (like your Social Security card, W-2, or pay stub)
If you’re nervous, that’s totally normal. Many people review their forms ahead of time so they feel more confident going in. The good news? The 341 meeting is usually easier than people expect.
Deal With Your Car
You might be wondering what will happen to your car if you file bankruptcy. The good news is that many people who file Chapter 7 in Delaware are able to keep their vehicle.
Whether or not you can keep yours depends on a few key things:
How much your car is worth
Whether you own it outright, make loan payments, or lease it
What property exemptions you qualify for (these are laws that protect certain belongings during bankruptcy)
📌 Delaware’s motor vehicle exemption protects up to $25,000 of equity in your car. Equity is the car’s value minus what you still owe. If your equity is under the exemption limit, you’ll likely be able to keep your car through the bankruptcy process.
If you’re making loan payments on your car, you have three main choices:
Reaffirm the loan: This lets you keep the car and continue making regular payments, even after your bankruptcy. Reaffirmation agreements are commonly used by filers who are current on payments and want to stay in the loan.
Redeem the car: With redemption, you pay the lender the car’s current fair market value in a single lump sum. If your loan balance is much higher than the car’s value, this option can help you save, but it requires having cash on hand.
Surrender the car: Also called voluntary surrender, this means giving the car back and erasing the remaining loan. Many people choose this if they’re behind on payments or if the car isn’t worth keeping. You can always get another vehicle after bankruptcy, and many people do.
🚗 If you own your car outright, you’ll be able to keep it if its value is $25,000 or less, thanks to Delaware’s vehicle exemption.
Leased vehicles work a bit differently. You’ll decide whether to keep or return the car. Learn how leases work in bankruptcy.
Delaware Bankruptcy Means Test
To qualify for Chapter 7 bankruptcy, you’ll need to pass something called the means test. This test looks at your income and expenses to decide if you’re eligible to have your debts erased through Chapter 7.
The means test has two steps. In the first step, the court compares your average monthly income to the median income for a household of your size in Delaware. If your income is below the limit, you’ll likely qualify for Chapter 7 right away.
If your income is higher than the limit, you might still qualify, but you’ll have to take another step. The second step of the means test accounts for certain necessary expenses like rent, utilities, and groceries. This is more legally complex, and it’s often helpful to have legal advice if you get to this point. Many attorneys offer a free consultation.
That said, many people pass the means test at Step 1.
Data on Median Income Levels for Delaware
Delaware Median Income Standards for Means Test for Cases Filed In 2026 | ||
|---|---|---|
| Household Size | Monthly Income | Annual Income |
| Loading... | ||
How To Get a Bankruptcy Fee Waiver
If you’re unable to pay the $338 Chapter 7 filing fee, you can request a fee waiver when you submit your bankruptcy forms. People whose income is under 150% of the federal poverty guidelines often qualify. The judge will look at your income, expenses, and overall financial situation before deciding whether to approve the waiver.
Data on Poverty Levels for Delaware
Delaware Fee Waiver Eligibility for Cases Filed In 2026Eligible for fee waiver when under 150% the poverty level. | ||
|---|---|---|
| Household Size | State Poverty Level | Fee Waiver Limit (150% PL) |
| 1 | $1,330.00 | $1,995.00 |
| 2 | $1,803.33 | $2,705.00 |
| 3 | $2,276.67 | $3,415.00 |
| 4 | $2,750.00 | $4,125.00 |
| 5 | $3,223.33 | $4,835.00 |
| 6 | $3,696.67 | $5,545.00 |
| 7 | $4,170.00 | $6,255.00 |
| 8 | $4,643.33 | $6,965.00 |
| 9 | $5,116.67 | $7,675.00 |
| 10 | $5,590.00 | $8,385.00 |
Delaware Districts & Filing Requirements
Delaware has just one federal bankruptcy district. That means everyone in the state files their case through the U.S. Bankruptcy Court for the District of Delaware.
Most of the forms you’ll use are the same as those used in other states. Delaware does have a few additional local forms, but most Chapter 7 filers don’t need them.
You can file your forms by mail or in person at the courthouse:
📍 U.S. Bankruptcy Court District of Delaware 824 Market Street, 3rd Floor Wilmington, DE 19801
💰 You can pay your court fees with exact cash (if you’re filing in person) or with a money order or cashier’s check made out to Clerk, U.S. Bankruptcy Court. Just make sure it’s for the exact amount and includes your case number.
🚫 Credit cards and personal checks aren’t accepted.
💵 If you want to pay the filing fee in installments, you’ll need to submit a request along with the first payment of $84.50. If you're asking the court to waive the fee entirely, include the fee waiver application instead.
Delaware Bankruptcy Exemptions
When you file for Chapter 7 bankruptcy, you don’t have to give up everything you own. Bankruptcy exemptions are rules that protect certain types of property, like your home, car, and everyday belongings.
Each state has its own rules about exemptions. In some states, you can choose between state and federal exemptions. But in Delaware, you must use the state’s exemption laws. Compared to many other states, Delaware has generous exemptions.
Here are a few key Delaware exemptions:
🏡 Home equity: You can protect up to $200,000 of equity in your home.
🚗 Vehicle: You can protect up to $25,000 of equity in one car.
🎯 Wildcard: If you don’t use the homestead exemption, you can apply up to $25,000 of that unused amount to protect other property.
These exemptions help ensure you’re not starting over from nothing after bankruptcy. You’ll still be able to keep important items and move forward with a fresh start.
Delaware Bankruptcy Lawyer Cost
In most bankruptcy cases, legal fees are the biggest expense. In Delaware, bankruptcy lawyers usually charge a flat fee between $955 and $1,450. Some people decide to hire a lawyer if they own a home, have a more complex situation, or want extra support during the process.
Most bankruptcy lawyers offer a free consultation, so you can ask questions and see if it feels like a good fit.
Delaware Legal Aid Organizations
If filing for bankruptcy on your own feels overwhelming, you’re not alone. While hiring a lawyer is one option, it’s not the only one. If you can’t afford an attorney, you may qualify for free or low-cost help through a legal aid organization.
Legal Services Corporation of Delaware, Inc. (302) 575-0408 100 West 10th Street, Suite 203, Wilmington, DE 19801
