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Wisconsin law

Bankruptcy Laws in Wisconsin.

Wisconsin allows debtors to choose between state and federal bankruptcy exemptions — one of the states that permits this choice. The state homestead exemption is $75,000 ($150,000 married). Wisconsin's community property status has important implications for bankruptcy — when one spouse files, all marital property may enter the bankruptcy estate. There is no true state wildcard exemption, but the federal wildcard may be available if federal exemptions are chosen.

Last verified: 2026-02-25

State law

Filing Requirements

Filing Fee$338 (Chapter 7); $313 (Chapter 13)

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

Credit Counseling

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

State law

Key Wisconsin Statutes

Homestead ExemptionWis. Stat. § 815.20

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

Personal Property / Consumer GoodsWis. Stat. § 815.18(3)(d)

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

Federal Exemptions AvailableWis. Stat. § 815.18 (no opt-out)

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.

Retirement Account ExemptionsWis. Stat. § 815.18(3)(j)

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).

Community Property ImplicationsWis. Stat. § 766.31(3); 11 U.S.C. § 541(a)(2)(A)

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.

Wage ExemptionWis. Stat. §§ 815.18(3)(h), 812.34

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

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Wisconsin.

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