We Can Help

Top-rated Wisconsin Bankruptcy Attorney

GET YOUR FREE CONSULTATION

State of WI Bankruptcy Exemptions

If you’re considering bankruptcy in Wisconsin, understanding bankruptcy exemptions is crucial. These exemptions allow you to keep certain assets, ensuring that you don’t lose everything during the process. In this guide, we’ll break down the key exemptions available in Wisconsin, compare them with federal exemptions, and explain how an experienced attorney can help you navigate these laws. Let’s dive in.

What Are Bankruptcy Exemptions?

Bankruptcy exemptions are laws that protect specific types of property from being seized and sold to pay off your debts. They are designed to ensure that you can keep essential items and get a fresh start without losing everything you own. In Wisconsin, these exemptions cover various assets, including your home, vehicle, personal belongings, and more.

Common Bankruptcy Exemptions in Wisconsin

1. Homestead Exemption

One of the most important exemptions is the homestead exemption. In Wisconsin, this exemption allows you to protect your primary residence from creditors. 

  • For individuals: You can exempt up to $75,000 in home equity.
  • For married couples: The exemption increases to $150,000.

This means if your home’s equity is below these limits, you can keep it even if you declare bankruptcy. However, if your home’s equity exceeds these amounts, you might need to consider other options or consult with your attorney.

2. Vehicle Exemption

When it comes to your car, Wisconsin offers a vehicle exemption that can help you retain your transportation.

  • For individuals: You can exempt up to $4,000 in equity per vehicle.
  • For married couples: This amount increases to $8,000 per vehicle.

Additionally, if you have unused portions of your personal property exemption, you can apply that to your vehicle’s equity. This can be especially helpful if your car’s equity exceeds the standard limits.

3. Personal and Tangible Property Exemption

Your personal belongings, from household items to jewelry, are also protected under Wisconsin’s bankruptcy exemptions.

  • For individuals: The exemption amount is $12,000.
  • For married couples: You can exempt up to $24,000.

This includes items like furniture, electronics, and other personal items. However, the value of these items must be within the specified limits to be fully protected.

4. Bank Account and Cash Exemption

Wisconsin allows you to protect some cash and bank account balances during bankruptcy.

  • For individuals: You can exempt up to $5,000.
  • For married couples: The exemption increases to $10,000.

This helps ensure that you have some cash on hand to cover your basic needs while navigating the bankruptcy process.

5. Tools of Trade Exemption

If you rely on specific tools or equipment for your work, Wisconsin’s bankruptcy laws have you covered.

  • For individuals: You can exempt up to $15,000 worth of tools or equipment.
  • For married couples: The exemption amount is $30,000.

This exemption is particularly valuable for those who own machinery or equipment essential to their trade or profession.

Wisconsin bankruptcy exemption - debt advisors

Additional Wisconsin Bankruptcy Exemptions

In addition to the common exemptions listed above, Wisconsin provides additional protection for certain types of assets:

  • Retirement Accounts: Most retirement accounts, including IRAs and 401(k)s, are protected from bankruptcy claims.
  • Insurance and Benefits: Benefits such as life insurance payouts, veterans benefits, and unemployment compensation are also exempt.
  • Lawsuit Awards and Compensation: Personal injury awards, child support, and alimony payments are generally protected under Wisconsin’s exemption laws.

These additional exemptions help safeguard various types of income and assets that are critical for your financial well-being.

Comparing Wisconsin and Federal Bankruptcy Exemptions

When considering bankruptcy, you have the option to choose between state and federal exemptions. Here’s a comparison to help you decide which might be better for your situation:

  • Wisconsin Exemptions: Offer a higher homestead exemption but do not include certain federal exemptions like tax refunds.
  • Federal Exemptions: Include provisions for protecting tax refunds, but typically have lower limits for other types of property.

Choosing between state and federal exemptions can be complex. Your decision should be based on which set of exemptions will best protect your assets and meet your specific needs.

Doubling Exemptions for Married Couples

Wisconsin recognizes legal marriage and allows married couples to double their exemptions. This means that if you file for bankruptcy jointly with your spouse, you can benefit from doubled exemption limits. For instance, the homestead exemption limit increases from $75,000 to $150,000, and vehicle exemptions go from $4,000 to $8,000 per vehicle.

This can be a significant advantage, especially if both spouses jointly own property and want to maximize their exemptions.

Role of a Bankruptcy Attorney in Wisconsin

Navigating bankruptcy laws can be challenging. That’s where an experienced bankruptcy attorney comes in. A good attorney will help you:

  • Maximize Your Exemptions: Ensure you take full advantage of all available exemptions to protect your assets.
  • Understand the Process: Guide you through each step of the bankruptcy process, from initial consultation to dealing with trustees.
  • Make Informed Decisions: Provide advice on whether to choose state or federal exemptions based on your individual circumstances.

Having professional guidance ensures that you make the best decisions for your financial future and protect your valuable assets effectively.

Debt Advisors Law Office

Steps to Filing Bankruptcy in Wisconsin

If you decide to file for bankruptcy, here are the steps involved:

  • Initial Consultation: Meet with a bankruptcy attorney to discuss your situation and understand your options.
  • Document Preparation: Gather and prepare all necessary documents, including financial statements and asset information.
  • Filing Process: Submit your bankruptcy petition and required documents to the court.
  • Role of the Trustee: A bankruptcy trustee will be appointed to manage your case, handle any assets, and ensure compliance with bankruptcy laws.

Conclusion

Understanding Wisconsin’s bankruptcy exemptions is essential for protecting your assets and getting a fresh start. By knowing what you can exempt and working with a skilled attorney, you can navigate the bankruptcy process effectively while keeping your most valuable possessions. If you need more information or personalized advice, reach out to a bankruptcy professional to explore your options.

Get Your Free Consultation

Ready to explore your bankruptcy options? Request a free consultation with Debt Advisors to discuss how you can maximize your exemptions and protect your assets. Contact us today to get started on your path to financial relief.

One-on-one Attention

Make the Right Choice