Kent County, Delaware

Which bankruptcy court hears a case from Kent County?

Kent County, Delaware is assigned to Wilmington in the District of Delaware (28 U.S.C. § 87). Delaware is a single-district state, so there is no separate downstate division and no second courthouse to choose between. Every consumer case from Dover, Smyrna, Milford or anywhere else in the county is administered through the same district court and the same Clerk's Office.

That said, residence is not the whole venue rule. Under 28 U.S.C. § 1408, a case may be commenced where your domicile, residence, principal place of business in the United States, or principal assets in the United States were located for the 180 days immediately before filing — or for a longer part of that period than any other district. If you moved into Kent County recently, or you run a business or hold your main assets in another state, the venue analysis is genuinely a question worth raising with a lawyer rather than assuming.

• Court for Kent County cases: Wilmington, District of Delaware (28 U.S.C. § 87)
• Venue test: the greater part of the 180 days before filing (28 U.S.C. § 1408)
• A pending affiliate or partner case can also establish venue (28 U.S.C. § 1408)

What does this court require of someone filing without a lawyer?

The District of Delaware has a specific rule for unrepresented filers. Any individual debtor not represented by an attorney must provide photo identification at the time of filing, and both debtors must do so in a joint petition (Bankr. D. Del. General Order (2017-08-24)). A petition mailed in must be accompanied by a copy of photo identification. Acceptable forms include a state driver's license, a U.S. passport, a federal, state or local government identification card, military identification, a resident alien card or a student identification card — current, legible and bearing a photograph.

If identification is not provided when the petition is presented, the filer signs a statement giving name, address and telephone number and affirming the filing is authorized; the identification must then reach the Clerk's Office within fourteen days, or a motion to waive the requirement must be filed in that time (Bankr. D. Del. General Order (2017-08-24)). The court's Chapter 13 page also states plainly that only an attorney is authorized to give legal advice about a bankruptcy case (Bankr. D. Del. official page — Filing Chapter 13).

What do the filing fees cost, and can you pay over time?

The federal fees are the same in every district. A Chapter 7 case carries a $245 filing fee (28 U.S.C. § 1930(a)(1)(A), (f)(1)), plus a $78 administrative fee (Bankruptcy Court Miscellaneous Fee Schedule, Item 8) and a $15 trustee surcharge (Bankruptcy Court Miscellaneous Fee Schedule, Item 9). A Chapter 13 case carries a $235 filing fee (28 U.S.C. § 1930(a)(1)(B)) plus the same $78 administrative fee (Bankruptcy Court Miscellaneous Fee Schedule, Item 8).

Delaware's Clerk's Office states that the Chapter 13 fee is paid by cash, money order or cashier's check at the time of filing, and that someone unable to pay may file an Application to Pay Filing Fees in Installments (Bankr. D. Del. official page — Filing Chapter 13). Debtors specifically cannot pay by personal check or credit card; others may use additional methods (Bankr. D. Del. official page — Fee Schedule). Confirm the current total against the court's own fee schedule before you file, since miscellaneous amounts are adjusted periodically.

How does the meeting of creditors work in this district?

The federal frame comes first. After the order for relief, the United States trustee convenes and presides at a meeting of creditors within a reasonable time, and the judge may not preside at or attend it (11 U.S.C. § 341). In a Chapter 7 case the trustee must orally examine the debtor to confirm they understand the consequences of seeking a discharge, the option of a different chapter, the effect of a discharge, and the effect of reaffirming a debt (11 U.S.C. § 341).

Delaware adds one notable local option. The court may, for cause, permit a Chapter 7 or 13 debtor to submit to examination by written interrogatories instead of appearing live, on a motion served on the trustee, the U.S. Trustee and all parties who requested notices; the trustee sets the form of the interrogatories, and the debtor files answers and serves a copy on the trustee (Del. Bankr. L.R. 2003-1). This is relief the court grants for cause, not a default choice. The packet does not state where or how meetings in this district are physically held, so we do not publish a location or format.

What local rules and orders change the process here?

Several district-wide rules shape a consumer case. Payment advices required under 11 U.S.C. § 521(a)(1)(B)(iv) go to the trustee assigned to the case rather than to the court, on or before the first scheduled date for the § 341 meeting, with a copy furnished to the U.S. Trustee within fifteen days of the petition; failure to comply results in dismissal upon the trustee's notification (Bankr. D. Del. General Order (2005-10-14)).

If a Chapter 7, 12 or 13 petition is filed without all required documents, the debtor receives a deficiency notice specifying the time to file what is missing, and the petition may be dismissed if that deadline passes without a filing or an extension (Del. Bankr. L.R. 1017-1). Adding a creditor after the § 341 notice has issued triggers service and certificate-of-service duties within set times (Del. Bankr. L.R. 1009-1). Chapter 13 cases use mandatory local forms — a plan on Local Form 103 and a plan analysis on Local Form 103A, filed on the petition date (Del. Bankr. L.R. 3023-1).

• Chapter 13 plan and plan analysis use Local Forms 103 and 103A (Del. Bankr. L.R. 3023-1)
• A separate general order governs Chapter 13 debtor's counsel compensation (Bankr. D. Del. General Order (2024-06-12))
• The Clerk's Office is in Wilmington with published hours and a night depository (Del. Bankr. L.R. 5001-1)

Which Delaware questions should you settle before filing?

Some of the decisions that matter most in a consumer case are not answered by the district's procedural rules at all. Which exemption list you may use, what conditions attach to a homestead claim, and how much of your wages a creditor can reach before filing are Delaware-specific questions, and they interact with the schedules you sign. The District of Delaware has a local rule on exemptions (Del. Bankr. L.R. 4003-1, listed in Del. Bankr. L.R. (2025 consolidated)), but the amounts and conditions themselves are not in the documents supplied for this page.

So this page cannot answer them from its sources. That is a limit of this page's evidence, not a statement that the law is silent — federal and Delaware law both bear on exemptions, and we publish those figures separately where they are verified. Settle them before you sign schedules, not after: our Delaware garnishment page covers wage protection, and a lawyer can tell you how your own assets line up against the available lists.

• Which exemption list applies to you, and on what conditions
• What a homestead claim requires in your circumstances
• How much of your wages a judgment creditor can reach now

Where can a Kent County resident get help?

Start with the court's own published material. The District of Delaware maintains a fee schedule, a Chapter 13 filing page listing every required form, a local forms page, and its consolidated local rules and general orders (Bankr. D. Del. official page — Local Rules and Orders). Its Chapter 13 page also links the list of approved credit counseling agencies — a certificate from an approved agency is among the documents a Chapter 13 filer submits (Bankr. D. Del. official page — Filing Chapter 13), consistent with 11 U.S.C. § 521(b).

From here, you can build a free Roadmap with Arthur, our AI Navigator: it asks about your situation and uses the platform's canonical legal data to lay out your options, with citations. Nothing you tell Arthur reaches a law firm unless you separately ask us to introduce you to one and agree to be contacted. If you do ask, we pass along your contact details, the Roadmap and an intake summary — never the conversation itself. Bankruptcy.law is not a law firm and does not give legal advice.

Frequently asked questions

Is there a bankruptcy courthouse in Kent County?

No. Kent County cases are assigned to Wilmington in the District of Delaware (28 U.S.C. § 87), and the Clerk's Office is located in Wilmington with published business hours and a night depository for after-hours paper filings (Del. Bankr. L.R. 5001-1). Delaware is a single-district state, so the district-wide rules and general orders are what apply to a Kent County case.

Do I have to appear in person at the meeting of creditors?

Generally the debtor is examined at the meeting the United States trustee convenes (11 U.S.C. § 341). In this district, though, the court may for cause permit a Chapter 7 or 13 debtor to answer written interrogatories instead of appearing live, on a motion served on the trustee, the U.S. Trustee and parties requesting notices (Del. Bankr. L.R. 2003-1). It is discretionary relief, not an option you simply elect.

What happens if I file my petition without all the documents?

A Chapter 7, 12 or 13 petition filed without everything required produces a deficiency notice stating the time to file the missing documents; if they are not filed within that time, the petition may be dismissed unless the debtor has moved for or obtained an extension (Del. Bankr. L.R. 1017-1). Federal law separately provides for automatic dismissal when certain information is not filed within forty-five days (11 U.S.C. § 521(i)).

Where do my pay stubs go — to the court or the trustee?

To the trustee. A general order directs that payment advices or other evidence of payment required by 11 U.S.C. § 521(a)(1)(B)(iv) be filed with the trustee assigned to the case, on or before the first date scheduled for the § 341 meeting, and not with the court; a copy goes to the United States Trustee within fifteen days of the petition (Bankr. D. Del. General Order (2005-10-14)).

Can I pay the filing fee in installments?

The court's Chapter 13 page states that someone unable to pay the fee may file an Application to Pay Filing Fees in Installments (Bankr. D. Del. official page — Filing Chapter 13). For Chapter 7, the statutory fee of $245 carries a conditional waiver under 28 U.S.C. § 1930(f) and Judiciary procedures; for Chapter 13, the $235 fee may be paid in installments but that statutory Chapter 7 waiver does not apply.

How long does a bankruptcy stay on a credit report?

A consumer reporting agency generally may not report a case under title 11 that, from the date of entry of the order for relief or the date of adjudication, antedates the report by more than ten years (15 U.S.C. § 1681c(a)(1)). An agency reporting a title 11 case must also identify the chapter under which it arises, if the source supplied it (15 U.S.C. § 1681c(d)(1)).

Sources

• 28 U.S.C. § 87
• 28 U.S.C. § 1408 — Venue of cases under title 11
• 11 U.S.C. § 341 — Meetings of creditors and equity security holders · official source
• 11 U.S.C. § 521 — Debtor's duties · official source
• 15 U.S.C. § 1681c — Requirements relating to information contained in consumer reports
• Bankr. D. Del. General Order (2017-08-24) — Order Regarding Adoption of Requirement for Photo Identification by Pro Se Parties Filing Bankruptcy Petitions
• Bankr. D. Del. General Order (2005-10-14) — Filing of Payment Advices
• Bankr. D. Del. General Order (2024-06-12) — General Order Governing Debtor's Counsel and Creditor Fees in Chapter 13 Cases
• Del. Bankr. L.R. 2003-1 — Submission of Interrogatories in Lieu of Live Testimony at Meetings Conducted under 11 U.S.C. § 341
• Del. Bankr. L.R. 1017-1 — Petition Deficiencies
• Del. Bankr. L.R. 1009-1 — Notice by Chapter 7, Chapter 12 or Chapter 13 Debtor to Creditors Not Scheduled Before Meeting of Creditors
• Del. Bankr. L.R. 3023-1 — Special Procedures in Chapter 13 Matters
• Del. Bankr. L.R. 5001-1 — Clerk's Office Location; Hours; After Hours Filings
• Del. Bankr. L.R. (2025 consolidated) — 2025 Consolidated Local Rules of Bankruptcy Practice and Procedure
• Bankr. D. Del. official page — Filing Chapter 13 — Filing Chapter 13
• Bankr. D. Del. official page — Fee Schedule — Fee Schedule
• Bankr. D. Del. official page — Local Rules and Orders — Local Rules and Orders
• Bankr. D. Del. official page — Forms — Forms
• Bankruptcy Court Miscellaneous Fee Schedule, Item 8
• Bankruptcy Court Miscellaneous Fee Schedule, Item 9
• 28 U.S.C. § 1930(a)(1)(A), (f)(1) · official source
• 28 U.S.C. § 1930(a)(1)(B) · official source

Related

• Build your personalised roadmap
• Find your local bankruptcy court
• Wage garnishment in Delaware
• The 341 meeting of creditors: what actually happens
• Continuance in bankruptcy: moving a meeting or hearing
• Find a bankruptcy lawyer by state

What it costs to file here

Chapter 7 — total court charges at filing

$338

28 U.S.C. § 1930(a)(1)(A), (f)(1); Bankruptcy Court Miscellaneous Fee Schedule, Item 8; Bankruptcy Court Miscellaneous Fee Schedule, Item 9

Chapter 13 — total court charges at filing

$313

28 U.S.C. § 1930(a)(1)(B); Bankruptcy Court Miscellaneous Fee Schedule, Item 8

Court charges only. What a lawyer charges is separate and varies by district and by case. Estimate the full cost →

Delaware median income

Median annual income, household of one

$69,515

USTP Median Family Income (2026-07-15 period)

The means test compares household income to the published median for the same household size. Being above it is not a bar to filing. Compare your household →