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Delaware Asset Protection Laws

Filed under Running A Business.

These assets are exempted from a state court or bankruptcy proceeding in Delaware.

Homestead: $125,000. However, real property held by married couples as tenancy by the entirety may be exempt against debts owed by one spouse.

Pensions and Retirement Benefits: Funds exempted for various public employees. IRA exemptions for conventional, Roth, SEP and SIMPLE plans. Roth IRAs and regular IRAs up to $1,245,000 per person.

Insurance: Fraternal benefit society benefits. All life insurance or group and health insurance policies exempt; also $350 per month in annuities.

Personal Property: Any property up to $25,000. Clothing and jewelry; burial place; church pew, pianos and organs; sewing machines; school books; family Bible, pictures and library. Vehicle, only if necessary for employment, up to $15,000.

Tools of Trade: All tools, implements, fixtures necessary to carry on debtor's trade or business, up to $15,000.

Miscellaneous: Business partnership property.

Wages: 85% of earned but unpaid wages exempt.

Public Benefits: Unemployment Compensation. Workers' Compensation. State public benefits and aid to the blind

Wild Card: $500 of any personal property, except tools of trade, if head of family.

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