New Castle County, Delaware

Which bankruptcy court hears a case from New Castle County?

New Castle County is assigned to the United States Bankruptcy Court for the District of Delaware, sitting in Wilmington (28 U.S.C. § 87). The district courts hold original and exclusive jurisdiction over cases under title 11, and bankruptcy cases are handled through that structure (28 U.S.C. § 1334). A voluntary case begins when you file a petition with the bankruptcy court, and that filing is itself the order for relief (11 U.S.C. § 301).

Where you live is not the whole venue rule. Under 28 U.S.C. § 1408, a case may be commenced in the district 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 before filing — or for a longer part of that period than any other district. A recent move across a state line, or a business operating elsewhere, can therefore change which court is correct for you.

• Court for New Castle County: 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)
• Filing the petition is the order for relief (11 U.S.C. § 301)

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

The District of Delaware has a specific rule for filers who are not represented. Under a general order effective September 1, 2017, any individual debtor filing without an attorney must provide photo identification at the time of filing; in a joint petition, identification for both debtors is required. Acceptable identification includes a state driver's license, a U.S. passport, a government-issued identification card, military identification, a resident alien card, or a student identification card, and it must be current, legible and bear a photograph. A petition presented by mail must be accompanied by a copy of that identification.

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)).

• Photo identification at the time of filing, for each debtor on the petition
• Mailed petitions must enclose a copy of the identification
• Fourteen days to cure, or move for a waiver, if identification was not provided

What documents and certificates does the court expect with the petition?

The Bankruptcy Code sets the core list: a list of creditors, schedules of assets and liabilities, schedules of current income and expenditures, a statement of financial affairs, copies of payment advices received in the 60 days before filing, and a statement of monthly net income (11 U.S.C. § 521(a)(1)). An individual must also file the certificate from the approved credit counseling agency describing the services provided, plus any debt repayment plan developed through that agency (11 U.S.C. § 521(b)).

This court's published Chapter 13 checklist tracks those requirements and names the specific forms, including the voluntary petition, Schedules A/B through J, the statement of financial affairs, the certificate of credit counseling, the Chapter 13 plan on Local Form 103 and the plan analysis on Local Form 103A (Bankr. D. Del. official page — Filing Chapter 13). If a Chapter 7, 12 or 13 petition arrives without everything the rules require, the Clerk issues a deficiency notice setting a time to file the missing documents; failing to meet it can lead to dismissal (Del. Bankr. L.R. 1017-1).

How does the meeting of creditors work in this district?

After the order for relief, the United States trustee convenes and presides at a meeting of creditors within a reasonable time (11 U.S.C. § 341(a)). The judge does not preside at or attend that meeting (11 U.S.C. § 341(c)). Before it concludes, the trustee orally examines a Chapter 7 debtor to confirm you understand the consequences of seeking a discharge, your ability to file under a different chapter, the effect of a discharge, and the effect of reaffirming a debt (11 U.S.C. § 341(d)).

Delaware adds one local option worth knowing. For cause, this court may permit a Chapter 7 or 13 debtor to be examined by written interrogatories instead of appearing live; the motion must be served on the Chapter 7 or 13 trustee, the U.S. Trustee and all parties who requested notices. The trustee determines the form of the interrogatories, and the debtor files the original answers and serves a copy on the trustee (Del. Bankr. L.R. 2003-1). This page does not state a meeting location or time; confirm those on the court's own notice.

• The U.S. trustee convenes and presides; the judge does not attend (11 U.S.C. § 341)
• Written interrogatories are available for cause, by motion (Del. Bankr. L.R. 2003-1)
• Payment advices go to the assigned trustee, not the court (Bankr. D. Del. General Order (2005-10-14))

What local rules and orders change the process here?

Several District of Delaware rules shape day-to-day practice for an individual case. A general order directs that payment advices or other evidence of payment be filed with the trustee assigned to the case on or before the first scheduled § 341 meeting date, and not with the Court, with a copy furnished to the United States Trustee within 15 days after the petition is filed; non-compliance can lead to dismissal on the trustee's notification (Bankr. D. Del. General Order (2005-10-14)).

If you add a creditor after the § 341 notice has issued, Local Rule 1009-1 requires you to mail that creditor the original meeting notice, a notice of the right to file a proof of claim, and notice of the automatic extension under Local Rules 4004-1 and 4007-1, then file a certificate of service and supply an amended matrix within 48 hours. In Chapter 13, the plan and plan analysis must be filed on Local Forms 103 and 103A on the petition date, and the court has set standard compensation terms for debtor's counsel (Del. Bankr. L.R. 3023-1; Bankr. D. Del. General Order (2024-06-12)).

What are the federal filing fees, and what if you cannot pay them?

The fees themselves are federal, not county-specific. The Chapter 7 filing fee is $245 (28 U.S.C. § 1930(a)(1)(A), (f)(1)), with an administrative fee of $78 and a trustee surcharge of $15 collected on top of it (Bankruptcy Court Miscellaneous Fee Schedule, Items 8 and 9, effective December 1, 2023). The Chapter 13 filing fee is $235 (28 U.S.C. § 1930(a)(1)(B)), with the same $78 administrative fee (Bankruptcy Court Miscellaneous Fee Schedule, Item 8).

Payment in installments is available to an individual commencing a voluntary or joint case, and this court publishes an Application to Pay Filing Fees in Installments alongside its Chapter 13 document list (Bankr. D. Del. official page — Filing Chapter 13). A Chapter 7 waiver is conditional under 28 U.S.C. § 1930(f) and Judiciary procedures. The Clerk's Office accepts cash, money orders and cashier's checks from debtors, and does not accept personal checks or credit cards from debtors (Bankr. D. Del. official page — Fee Schedule); confirm current amounts there before you pay.

Which Delaware questions should you settle before filing?

Three questions commonly decide how much of your property and income a filing reaches, and they turn on Delaware law rather than on the court's local rules. The first is which exemption list applies to you and what it covers. The second is what conditions attach to a homestead claim. The third is how much of your wages a creditor can reach now, and what filing changes about that.

The documents supplied for this page are the District of Delaware's own rules, orders and official pages plus federal provisions, so this page cannot answer those three questions from its sources. That is a limit of this page's evidence, not a statement that the law is silent on them. Our Delaware pages cover exemption-list choices, homestead conditions and wage protection, and are the right place to read those rules before you choose a chapter or decide what to list on Schedule C.

• Which exemption list applies, and what each category covers
• What conditions attach to a homestead claim
• How wage garnishment works in Delaware, and what a filing changes

Where can a New Castle County resident get help?

The court's own materials are the most reliable starting point for procedure. Its Chapter 13 page lists every required document and links the official forms, and its own guidance is that anyone considering bankruptcy should seek legal advice and representation from an attorney experienced in bankruptcy law and procedure, because only an attorney is authorized to give legal advice about a case (Bankr. D. Del. official page — Filing Chapter 13). The Clerk's Office is in Wilmington and its hours are published in Local Rule 5001-1; after-hours filings may be deposited in the night depository.

Arthur, our AI Navigator, can walk you through what the documents above ask for and help you build a free personalised roadmap. He does not give legal advice. If you want to speak with a bankruptcy firm admitted in this district, you can ask for an introduction and we will pass on only what you choose to share.

Frequently asked questions

Do I file in Wilmington if I live in New Castle County?

New Castle County is assigned to the District of Delaware, sitting in Wilmington (28 U.S.C. § 87). Venue is not decided by your current address alone. Under 28 U.S.C. § 1408, the court looks at where your domicile, residence, principal place of business or principal assets sat for the greater part of the 180 days before you file, so a recent move can change the correct district.

What identification do I need if I file without an attorney?

Current, legible photo identification, presented at the time of filing, for every debtor named on the petition. Acceptable forms include a state driver's license, U.S. passport, government-issued identification card, military identification, resident alien card or student identification card. A mailed petition must enclose a copy. Without it you sign an affirming statement and have fourteen days to supply it or move for a waiver (Bankr. D. Del. General Order (2017-08-24)).

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

Usually a debtor appears and is examined. In this district, though, the court may for cause permit a Chapter 7 or 13 debtor to answer written interrogatories instead of appearing live (Del. Bankr. L.R. 2003-1). That relief requires a motion served on the Chapter 7 or 13 trustee, the U.S. Trustee and parties who requested notices. The trustee sets the form of the interrogatories.

Where do my pay stubs go?

To the trustee, not the court. A general order of this court directs that copies of all payment advices or other evidence of payment be filed with the trustee assigned to your case on or before the first date scheduled for the § 341 meeting, with a copy furnished to the United States Trustee within 15 days after the petition is filed. Failing to comply can result in dismissal (Bankr. D. Del. General Order (2005-10-14)).

What happens if my petition is missing a document?

The Clerk issues a deficiency notice specifying the time for filing the omitted documents in a Chapter 7, 12 or 13 case. If they are not filed within that time, the petition may be dismissed unless you have moved for or obtained an extension (Del. Bankr. L.R. 1017-1). Separately, the Code sets a 45-day outer limit for the core § 521(a)(1) information (11 U.S.C. § 521(i)).

Can I pay the filing fee over time?

The statute permits installment payment for an individual commencing a voluntary or joint case, and this court publishes an Application to Pay Filing Fees in Installments with its Chapter 13 document list (Bankr. D. Del. official page — Filing Chapter 13). A Chapter 7 waiver is conditional under 28 U.S.C. § 1930(f) and Judiciary procedures, and is decided by the court rather than granted on request.

Sources

• 28 U.S.C. § 87
• 28 U.S.C. § 1408
• 28 U.S.C. § 1334
• 11 U.S.C. § 301
• 11 U.S.C. § 341 · official source
• 11 U.S.C. § 521 · official source
• Bankr. D. Del. General Order (2017-08-24)
• Bankr. D. Del. General Order (2005-10-14)
• Bankr. D. Del. General Order (2024-06-12)
• Del. Bankr. L.R. 2003-1
• Del. Bankr. L.R. 1009-1
• Del. Bankr. L.R. 1017-1
• Del. Bankr. L.R. 3023-1
• Del. Bankr. L.R. 5001-1
• Bankr. D. Del. official page — Filing Chapter 13
• Bankr. D. Del. official page — Fee Schedule
• 28 U.S.C. § 1930(a)(1)(A), (f)(1) · official source
• 28 U.S.C. § 1930(a)(1)(B) · official source
• Bankruptcy Court Miscellaneous Fee Schedule, Item 8
• Bankruptcy Court Miscellaneous Fee Schedule, Item 9

Related

• Wage Garnishment in Delaware: What the Law Says and What Bankruptcy Changes
• The 341 Meeting of Creditors: What Actually Happens
• Filing Bankruptcy in Kent County, Delaware
• Find your local bankruptcy court
• Build your personalised roadmap
• 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 →