Wisconsin Bankruptcy Laws

Standard federal filing fees. Wisconsin has two bankruptcy districts: Eastern (Milwaukee) and Western (Madison).

Pre-filing credit counseling and pre-discharge debtor education are required. Means test compares income to Wisconsin median.

The homestead exemption is $75,000 for individuals and $150,000 for married couples filing jointly. Applies to the debtor's principal residence.

Consumer goods and personal property: $12,000 (individual) or $24,000 (married joint). Motor vehicle: $4,000.

Wisconsin allows debtors to choose between state and federal bankruptcy exemptions (cannot mix). The federal homestead (~$27,900) is lower, but the federal wildcard (~$1,475 + up to ~$13,950 unused homestead) may be advantageous for debtors without significant home equity.

Employer-sponsored plans (401(k), 403(b), pensions) are fully exempt with no cap. Traditional and Roth IRAs: up to $1,512,350 (adjusted periodically).

Because Wisconsin is a community property state, when one spouse files bankruptcy, all marital property may enter the bankruptcy estate — including the non-filing spouse's interest. Pre-filing planning is essential for married couples. Joint tenancy property may be treated differently.

75% of weekly net income or 30 times the minimum hourly wage — whichever protects more. Follows the same formula as federal garnishment limits.