How To File Bankruptcy for Free in Delaware
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If you're dealing with debt that feels impossible to get out from under, Chapter 7 bankruptcy may be the fresh start you need. It can erase eligible debts like credit cards, medical bills, and payday loans — and many Delawareans file without a lawyer or any filing costs. This guide covers everything you need to know to file in Delaware.
Written by Attorney Andrea Wimmer.
Updated June 4, 2026
5 Steps To File Chapter 7 in Delaware
If you're feeling overwhelmed by bills, collection calls, or the stress of making ends meet, you're not alone. Many people turn to bankruptcy when they've tried everything else and still can't get ahead.
Filing Chapter 7 in Delaware involves a few steps — gathering your financial documents, completing two short courses, filing your paperwork, and attending a brief meeting with a trustee — and many people do it successfully without a lawyer. This guide walks you through each step so you know exactly what to expect.
Step 1: See If You Qualify
Chapter 7 has income limits, but most people who need it meet them. You'll answer a few questions about your household size and income. If you use Upsolve's free tool, it just takes two minutes to see if you qualify.
If your income is below Delaware’s median for a household your size, you'll likely pass the means test and qualify to file with Upsolve.
Delaware Median Income Standards for Means Test for Cases Filed In 2026 | ||
|---|---|---|
| Household Size | Monthly Income | Annual Income |
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Step 2: Gather Your Documents
Before you file, you'll need to pull together a few key documents. One of those is a certificate from a short credit counseling course, which you'll complete online. It takes 1–2 hours and costs $10–$50 (fee waivers available).
See the full document checklist →
Step 3: Complete Your Forms and File
The forms you'll fill out are federal, so they're the same across the country. You can find them as free fillable PDFs at uscourts.gov. Delaware does have a few additional local forms, but most Chapter 7 filers don’t need them.
If you use Upsolve, your forms are generated for you based on your answers and organized so they’re ready to print and sign.
Delaware has just one federal bankruptcy district. 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
How filing works with Upsolve →
Filing Fee Information & Fee Waiver Eligibility
There’s a $338 filing fee for Chapter 7. If you can’t afford it, you can ask the court to waive the fee when you file your paperwork.
People whose income falls below 150% of the federal poverty level may be eligible. A bankruptcy judge will review your income and expenses and decide whether to grant the fee waiver.
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 |
If you don’t qualify for a fee waiver, you’ll need to pay the full filing fee or an installment payment (if approved) when you file your forms.
💰 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.
Step 4: Attend Your 341 Meeting
About a month after you file, you'll have a short meeting with your bankruptcy trustee on Zoom. It typically takes about five minutes. The trustee will verify your identity and ask a few basic questions about your paperwork.
Upsolve can help you prep for your 341 meeting →
Step 5: Get Your Discharge
After your 341 meeting, you'll need to take one more short course — a debtor education course on budgeting and managing credit. Once that's done and any follow-up is resolved, the court erases your eligible debts. That's your fresh start, usually within 3–4 months of filing.
What debts does Chapter 7 discharge? →
Free Legal Aid in Delaware
If your case is more complex — or you'd just feel better having an attorney review it — free and low-cost legal help is available across Delaware.
Legal Services Corporation of Delaware, Inc. (302) 575-0408 100 West 10th Street, Suite 203 Wilmington, DE 19801
