Wisconsin Bankruptcy Guide

Complete guide to filing bankruptcy in Wisconsin, including current median income requirements, Wisconsin's homestead exemption up to $75,000, bankruptcy court information for both Wisconsin districts, and how to find qualified bankruptcy attorneys throughout Wisconsin.

Wisconsin Median Income for Bankruptcy (2026)

To qualify for Chapter 7 bankruptcy in Wisconsin, your household income must be below these median income levels. If your income exceeds these amounts, you may still qualify through the means test or need to file Chapter 13 instead.

Household Size	Annual Median Income	Monthly Median Income
1 person	$60,867	$5,072
2 people	$78,495	$6,541
3 people	$92,289	$7,691
4 people	$109,930	$9,161
5 people	$118,930	$9,911
6 people	$127,930	$10,661

Note: For households larger than 4, add $9,000 per additional person. These figures are updated annually by the U.S. Trustee Program.

Calculate Your Wisconsin Eligibility

Wisconsin Bankruptcy Exemptions

Wisconsin does not allow bankruptcy filers to choose federal exemptions. All Wisconsin bankruptcy filers must use Wisconsin state exemptions. Wisconsin has generous exemptions that provide good protection for most assets.

Wisconsin Homestead Exemption

Up to $75,000.

Wisconsin's homestead exemption protects up to $75,000 of equity in your primary residence. This is a generous homestead exemption that protects most Wisconsin homeowners. The exemption applies to real property including houses, condominiums, mobile homes, and co-ops that serve as your principal residence.

The property must be your principal residence at the time of filing bankruptcy. Unlike some states, Wisconsin's homestead exemption is per property, not per person, so married couples filing jointly still receive $75,000 total protection (not $150,000).

Wisconsin's $75,000 homestead exemption is higher than many states and provides solid protection for homeowners throughout the state, including in areas like Milwaukee, Madison, and Green Bay.

Wisconsin Vehicle Exemption

Up to $4,000 per vehicle.

Wisconsin allows you to protect up to $4,000 of equity in each motor vehicle that is needed for your transportation or that of a dependent. This exemption can apply to multiple vehicles if each is reasonably necessary for transportation.

For married couples filing jointly, each spouse can claim the $4,000 vehicle exemption for their own vehicle, protecting up to $8,000 total in vehicle equity across two cars.

Wisconsin State Exemptions

Wisconsin bankruptcy exemptions include:

• Homestead: $75,000
• Vehicle: $4,000 per vehicle needed for transportation
• Household Goods and Furnishings: $12,000
• Jewelry and Articles of Adornment: $1,500
• Clothing and Other Personal Property: Reasonable amounts needed
• Books and Musical Instruments: Reasonably needed
• Burial Provisions: $5,000 prepaid for self and dependents
• Tools of Trade: $15,000
• Household Goods for Farming: $15,000 (for farmers)
• Domestic Animals: $1,500
• Fire and Casualty Insurance Proceeds: Up to $5,000
• Wildcard: None (no general wildcard exemption in Wisconsin)
• Wages: 75% of earned but unpaid wages (or 30 times greater of federal or state minimum wage per week, whichever is greater)

Other Protected Assets

• Retirement Accounts: Fully protected including 401(k), IRA, pension plans, and government retirement benefits under federal law; Wisconsin also protects certain state and municipal pensions
• Public Benefits: Social Security, unemployment, workers' compensation, veteran's benefits, disability benefits, public assistance, crime victim's compensation
• Life Insurance: Unmatured life insurance policies owned by debtor; life insurance proceeds if policy prohibits use to pay creditors
• Health Aids: All health aids
• Education Savings: Wisconsin 529 education savings plan (Edvest)
• Personal Injury Awards: Personal injury recoveries to extent reasonably necessary for support
• Wrongful Death Awards: Wrongful death recoveries needed for support
• Tenancy by the Entirety: Wisconsin recognizes limited tenancy by entirety protections for certain jointly-owned property

Filing Bankruptcy in Wisconsin

Chapter 7 Bankruptcy in Wisconsin

Chapter 7 bankruptcy is commonly filed throughout Wisconsin. The process typically takes 3-4 months from filing to discharge and eliminates most unsecured debts including credit cards, medical bills, personal loans, and past-due utility bills.

To qualify for Chapter 7 in Wisconsin, you must pass the means test by having income below the Wisconsin median or by showing that after allowable expense deductions, you lack sufficient disposable income to fund a Chapter 13 repayment plan. You must also complete credit counseling from an approved agency within 180 days before filing.

Wisconsin's generous exemptions—$75,000 homestead, $4,000 per vehicle, $12,000 household goods, and $15,000 tools of trade—provide good protection for most Wisconsin residents' assets while obtaining debt relief through Chapter 7.

Learn more about Chapter 7 bankruptcy →

Chapter 13 Bankruptcy in Wisconsin

Chapter 13 bankruptcy allows Wisconsin residents to keep property while repaying some or all debts through a court-approved 3-5 year payment plan. This option is particularly beneficial if you're behind on mortgage or car payments and want to catch up while stopping foreclosure or repossession.

Chapter 13 is especially useful in Wisconsin if your income is too high to qualify for Chapter 7, if you have non-exempt assets you want to protect (particularly if you have more than $75,000 in home equity), or if you have priority debts like recent taxes or past-due child support. Your monthly payment is based on your disposable income after allowable living expenses.

Learn more about Chapter 13 bankruptcy →

Bankruptcy Courts in Wisconsin

Wisconsin is divided into two federal bankruptcy court districts:

Eastern District of Wisconsin

Main Courthouses: Milwaukee, Green Bay, Oshkosh

Covers eastern Wisconsin including Milwaukee, Green Bay, Racine, Kenosha, Appleton, Oshkosh, Sheboygan, and the eastern portion of the state. This is the larger district by population, with the Milwaukee metropolitan area generating the majority of filings.

Court divisions: Milwaukee Division (southeastern Wisconsin), Green Bay Division (northeastern Wisconsin).

Western District of Wisconsin

Main Courthouses: Madison, Eau Claire

Covers western Wisconsin including Madison, Eau Claire, La Crosse, Wausau, Stevens Point, and the western portion of the state. Madison, as the state capital, is the primary location for this district.

Court divisions: Madison Division (south-central Wisconsin), Eau Claire Division (northwestern Wisconsin).

You must file in the district where you have lived for the greater part of the 180 days before filing. Visit the U.S. Courts website for specific court locations, filing procedures, and local rules for each Wisconsin district.

Wisconsin Residency Requirements

To use Wisconsin bankruptcy exemptions, you must have been domiciled (legally residing) in Wisconsin for at least 730 days (2 years) before filing. If you've lived in Wisconsin for less than 2 years, you must use the exemptions from the state where you lived for the 180 days immediately before the 2-year period.

Wisconsin does not allow the choice of federal exemptions, so once you meet the residency requirement, you must use Wisconsin state exemptions.

Find a Wisconsin Bankruptcy Attorney

Most Wisconsin bankruptcy attorneys offer free initial consultations. Given the complexity of bankruptcy law and Wisconsin's specific exemption rules, consulting with an experienced Wisconsin bankruptcy attorney is highly recommended.

What a Wisconsin Bankruptcy Attorney Can Do

• Determine which bankruptcy chapter is right for your financial situation
• Maximize Wisconsin exemptions to protect your assets
• Evaluate whether your home equity is protected under Wisconsin's $75,000 homestead
• Calculate whether you qualify for Chapter 7 using the Wisconsin means test
• Navigate Wisconsin-specific bankruptcy procedures and local court rules
• Complete and file all required bankruptcy paperwork correctly
• Represent you at the 341 meeting of creditors
• Handle any objections from creditors or the bankruptcy trustee
• Guide you through the entire process from filing to discharge

Cost of Filing Bankruptcy in Wisconsin

Chapter 7 bankruptcy attorney fees in Wisconsin vary by location:

• Milwaukee metro area: $1,200 to $1,700 plus $338 filing fee
• Madison area: $1,100 to $1,600 plus $338 filing fee
• Green Bay, Appleton: $1,000 to $1,500 plus $338 filing fee
• Eau Claire, La Crosse, Wausau: $950 to $1,400 plus $338 filing fee
• Other Wisconsin cities and rural areas: $850 to $1,350 plus $338 filing fee

Chapter 13 attorney fees typically range from $3,000 to $4,000 plus a $313 filing fee. In Chapter 13, attorney fees are usually paid through your repayment plan rather than upfront.

Many Wisconsin attorneys offer payment plans for Chapter 7 to make bankruptcy more accessible.

Wisconsin-Specific Bankruptcy FAQs

Can I keep my house in Wisconsin bankruptcy?

Most Wisconsin homeowners can keep their homes. Wisconsin's $75,000 homestead exemption protects the majority of homeowners throughout the state. If you have $75,000 or less in equity, your home is fully protected in Chapter 7 bankruptcy. If your equity exceeds $75,000, you may need to file Chapter 13 to keep your home or pay the trustee for the non-exempt equity value.

Can I keep my car in Wisconsin bankruptcy?

Yes, in most cases. Wisconsin allows you to exempt up to $4,000 of equity per vehicle that is reasonably necessary for transportation. If you're married filing jointly, each spouse can claim $4,000 for their own vehicle (total $8,000 for two cars). Most Wisconsin residents with car loans have equity below these amounts and can keep their vehicles by continuing payments.

Does Wisconsin allow federal bankruptcy exemptions?

No, Wisconsin is one of the states that opted out of the federal exemption system. All Wisconsin filers must use Wisconsin state exemptions. However, Wisconsin's state exemptions are generally favorable, with a $75,000 homestead that exceeds the federal $27,900 homestead, though the federal exemptions have a larger wildcard option.

How does Wisconsin's marital property law affect bankruptcy?

Wisconsin is a marital property state (similar to community property), meaning most assets and debts acquired during marriage are owned equally by both spouses. In bankruptcy, this means both spouses' income may be considered for means test purposes even if only one files, and marital property may be part of the bankruptcy estate. Wisconsin bankruptcy attorneys can help navigate these marital property complexities.

Can I protect my dairy farm equipment in Wisconsin bankruptcy?

Yes. Wisconsin has a generous $15,000 tools of trade exemption that protects equipment and tools used in your business or profession. For farmers, Wisconsin also provides a separate $15,000 exemption for household goods used for farming. These exemptions can protect significant farming equipment, particularly important in Wisconsin's dairy industry. Farmers with valuable equipment may need Chapter 13 to protect assets exceeding exemption limits.

What happens to my snowmobile or ATV in Wisconsin bankruptcy?

Snowmobiles, ATVs, and other recreational vehicles are personal property. If used as necessary transportation (rare), they might qualify for the vehicle exemption. Otherwise, they count as personal property that may be protected under household goods or other exemptions depending on value. If the equity exceeds available exemptions, you may need to surrender the asset, pay the trustee, or file Chapter 13. Consult a Wisconsin attorney about protecting recreational vehicles.

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