Sussex County, Delaware

Which bankruptcy court hears a case from Sussex County?

Sussex County, Delaware is assigned to the Wilmington location of the United States Bankruptcy Court for the District of Delaware (28 U.S.C. § 87). Delaware is one district with one bankruptcy court, so a case from Georgetown, Seaford or Millsboro goes to the same place as a case from anywhere else in the state.

Residence is the usual answer, but it is not the whole rule. Venue lies 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 immediately before the case began, or for a longer portion of that period than any other district (28 U.S.C. § 1408). A recent move into Sussex County, or a business or main assets in another state, can change which district is proper. Jurisdiction over title 11 cases belongs to the district court, exclusively (28 U.S.C. § 1334).

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

The court requires photo identification from a debtor who is not represented by an attorney. Under a general order effective September 1, 2017, a pro se debtor must provide photo identification when the petition is filed, and both debtors must do so on a joint petition. A non-attorney presenting someone else's petition must supply a current legible copy of the debtor's photo identification and current identification for themselves. A petition presented by mail must be accompanied by a copy of the debtor's photo identification. A state driver's license, U.S. passport, government-issued identification card, military identification, resident alien card or student identification card is acceptable, provided it is current, legible and carries a photograph. If identification is not provided at filing, the filer signs a statement giving name, address and telephone number and affirming that the filing is authorized, and identification must reach the Clerk's Office within fourteen days, or a waiver motion must be made in that time (Bankr. D. Del. General Order (2017-08-24)).

What does the clerk collect, and what if you cannot pay up front?

Two separate charges make up what the clerk collects when a petition is filed, and both come from national schedules, not local ones. For Chapter 7 the statutory filing fee is $245 (28 U.S.C. § 1930(a)(1)(A), (f)(1)), with an administrative fee of $78 (Bankruptcy Court Miscellaneous Fee Schedule, Item 8) and a trustee surcharge of $15 (Bankruptcy Court Miscellaneous Fee Schedule, Item 9). For Chapter 13 the statutory filing fee is $235 (28 U.S.C. § 1930(a)(1)(B)) plus the same $78 administrative fee.

How you pay is a local matter. The Clerk's Office accepts cash, money orders and cashier's checks from debtors; personal checks and credit cards are not accepted from debtors for fees on any case, and payment must be the exact amount (Bankr. D. Del. official page — Fee Schedule). A debtor who cannot pay at filing may file an Application for Individuals to Pay the Filing Fee in Installments, Form B103A (Bankr. D. Del. official page — Filing Chapter 13).

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 bankruptcy judge may not preside at or attend it (11 U.S.C. § 341(c)). Before it concludes, the trustee examines a Chapter 7 debtor orally to confirm the debtor understands the consequences of seeking a discharge, including effects on credit history, the option of filing under a different chapter, the effect of a discharge, and the effect of reaffirming a debt (11 U.S.C. § 341(d)). A creditor holding a consumer debt may appear without an attorney.

In this district, the court may for cause permit a Chapter 7 or 13 debtor to answer written interrogatories instead of appearing live. The motion is served on the trustee, the U.S. Trustee and parties who requested notices; the trustee sets the form of the interrogatories; the debtor files the original answers and serves a copy (Del. Bankr. L.R. 2003-1).

What local rules and orders change the process here?

Several Delaware-specific requirements sit on top of the Code. Payment advices are filed with the trustee assigned to the case on or before the first date scheduled for the meeting of creditors — not with the court — and a copy goes to the United States Trustee within 15 days after the petition is filed; failure to comply results in dismissal on the trustee's notification (Bankr. D. Del. General Order (2005-10-14)). Chapter 13 debtors file a plan on Local Form 103 with a plan analysis on Local Form 103A on the petition date, or within 14 days of conversion to Chapter 13, and any nonstandard provision must be disclosed in the notice section of the plan's first paragraph (Del. Bankr. L.R. 3023-1). A separate general order governs debtor's counsel compensation in Chapter 13 cases and lists the services a standard fee is expected to cover, including representation at the Section 341 meeting and at confirmation (Bankr. D. Del. General Order (2024-06-12)).

Which Delaware questions should you settle before filing?

Three Delaware questions shape a case more than almost anything in the local rules, and this page is not where they are answered. The first is which exemption list applies to you and whether Delaware law permits a choice. The second is what conditions attach to claiming a homestead exemption — competing amounts and qualifying conditions are common, and picking one without reading both is how filers get the wrong answer. The third is how much of your pay a creditor can reach before and after a filing.

The District of Delaware's local rules include a rule on exemptions (Del. Bankr. L.R. (2025 consolidated)), but the documents supplied for this page do not state Delaware's exemption amounts or its homestead conditions, so this page does not answer them. That is a limit of the evidence behind this page, not a statement about what the law provides. Our Delaware garnishment page covers wage protection.

Where can a Sussex County resident get help?

The Clerk's Office is at 824 North Market Street, Third Floor, Wilmington, Delaware 19801, open Monday through Friday from 8:00 a.m. to 4:00 p.m. prevailing Eastern Time except legal holidays and as otherwise noticed; when it is closed, papers not filed electronically may be deposited in the night depository and are deemed filed as of the date and time stamped on them (Del. Bankr. L.R. 5001-1). The court publishes its local rules, general orders, local forms, fee schedule and a document checklist for Chapter 13 filings on its own site (Bankr. D. Del. official page — Local Rules and Orders; Bankr. D. Del. official page — Forms).

An individual debtor also files a certificate from the approved credit counseling agency that provided services (11 U.S.C. § 521(b)). Arthur, our AI Navigator, can walk through your situation and build a roadmap; where a participating firm covers the county, you can ask us to pass your details along.

Frequently asked questions

Can I file by mail instead of going to Wilmington?

A petition can be presented by mail, and when it is, a copy of the debtor's photo identification must come with it (Bankr. D. Del. General Order (2017-08-24)). The Clerk's Office also maintains a night depository for papers not filed electronically when the office is closed; those are deemed filed as of the date and time stamped on them (Del. Bankr. L.R. 5001-1).

What happens if my petition is missing documents?

A Chapter 7, 12 or 13 petition filed without all required documents draws a deficiency notice specifying the time to file what is missing, and the petition may be dismissed if they are not filed in that time, unless an extension is sought or obtained (Del. Bankr. L.R. 1017-1). The Code separately provides for automatic dismissal if an individual debtor does not file the information required by section 521(a)(1) within 45 days after the petition is filed (11 U.S.C. § 521(i)).

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

Generally the debtor appears, but the court may for cause permit a Chapter 7 or 13 debtor to submit to examination by written interrogatories instead of appearing live. The motion must be served on the chapter 7 or 13 trustee, the U.S. Trustee and everyone who filed a request for notices; the trustee determines the form of the interrogatories, and the debtor files the original answers (Del. Bankr. L.R. 2003-1).

What are the federal filing fees for a case filed here?

For Chapter 7, a statutory filing fee of $245 (28 U.S.C. § 1930(a)(1)(A), (f)(1)), an administrative fee of $78 (Bankruptcy Court Miscellaneous Fee Schedule, Item 8) and a $15 trustee surcharge (Bankruptcy Court Miscellaneous Fee Schedule, Item 9). For Chapter 13, a statutory filing fee of $235 (28 U.S.C. § 1930(a)(1)(B)) and the same $78 administrative fee. Debtors pay in the exact amount by cash, money order or cashier's check (Bankr. D. Del. official page — Fee Schedule).

Does Delaware have its own Chapter 13 plan form?

Yes. A Chapter 13 debtor must file a proposed plan in the form of Local Form 103 together with a plan analysis in the form of Local Form 103A, on the petition date or within 14 days of conversion to Chapter 13. If the plan and analysis are filed later, they must be served on all creditors and a certificate of service filed (Del. Bankr. L.R. 3023-1).

Sources

• 28 U.S.C. § 87
• 28 U.S.C. § 1408
• 28 U.S.C. § 1334
• 11 U.S.C. § 341 · official source
• 11 U.S.C. § 521 · official source
• Bankr. D. Del. General Order (2017-08-24) — Order Regarding Adoption of Requirement for Photo Identification by Pro Se Parties Filing Bankruptcy Petitions
• Del. Bankr. L.R. 2003-1
• Del. Bankr. L.R. 5001-1
• Del. Bankr. L.R. 1017-1
• Del. Bankr. L.R. 3023-1
• 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
• Bankr. D. Del. official page — Fee Schedule
• Bankr. D. Del. official page — Filing Chapter 13
• Bankr. D. Del. official page — Local Rules and Orders
• Bankr. D. Del. official page — Forms
• Del. Bankr. L.R. (2025 consolidated)
• 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

• Find your local bankruptcy court
• Wage garnishment in Delaware: what the law says
• Filing bankruptcy in Kent County, Delaware
• The 341 meeting of creditors: what actually happens
• Build your personalised roadmap
• Statutes and rules library

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 →