Attorney at Debt Advisors Law Offices

Practice Areas: Chapter 7 Bankruptcy, Chapter 13 Bankruptcy, Stop Foreclosure

Filing for bankruptcy can feel overwhelming, especially when you are unsure about what will happen to your home, car, or personal belongings. The truth is that bankruptcy laws in Wisconsin include a system of exemptions designed to protect essential property. These rules help ensure that individuals can keep the basics they need to move forward while resolving overwhelming debt.

This guide explains how bankruptcy exemptions work in Milwaukee, the differences between federal and state rules, and why understanding these laws is an important step in protecting your financial stability.

What Are Bankruptcy Exemptions?

Bankruptcy exemptions are laws that allow you to keep certain property even while addressing debts through bankruptcy. Instead of losing everything, you are permitted to protect a portion of your assets. These exemptions exist to give debtors a fresh start while preserving basic necessities such as housing, transportation, and household goods.

The role of exemptions is especially significant in Chapter 7 bankruptcy, where non-exempt assets may be liquidated. In Chapter 13 bankruptcy, exemptions still matter because they affect how much you may need to repay creditors through a repayment plan.

Federal vs. Wisconsin Bankruptcy Exemptions

When filing in Milwaukee, you must choose either the federal exemption system or the Wisconsin state system. You cannot mix and match. The decision depends on which set of rules better protects your specific assets.

  • Federal exemptions are established by the U.S. Bankruptcy Code and apply nationwide.
  • Wisconsin exemptions are defined by state law and, in many cases, provide higher protection for homes and personal property.

The Wisconsin statutes governing exemptions include Wis. Stat. § 815.20 for homestead property and Wis. Stat. § 815.18 for personal property. Full details can be reviewed on the Wisconsin State Legislature website.

Choosing Between Federal and State Exemptions

Key Wisconsin Bankruptcy Exemptions

Bankruptcy exemptions in Wisconsin are designed to protect the most important parts of your daily life. Below, you’ll find the major categories of property that can be shielded during bankruptcy.

Homestead Exemption

Wisconsin provides strong protection for homeowners. Up to $75,000 of equity in a primary residence is protected from creditors. This safeguard helps prevent families from losing their homes due to financial hardship.

Vehicle Exemption

Both federal and state exemptions allow you to keep up to $4,000 of equity in one motor vehicle. This ensures you can continue commuting to work, school, or essential appointments.

Personal Property Exemption

Wisconsin law protects up to $12,000 worth of personal property, including clothing, household goods, and furnishings. These items are considered necessary for daily living.

Wildcard Exemption

Wisconsin offers a $1,200 wildcard exemption. This flexible option can be applied to protect property not covered by other categories. It is often used to safeguard valuable but non-essential items.

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Comparison of Federal and Wisconsin Exemptions

Exemption Type

Federal Limit

Wisconsin State Limit

Homestead Up to $25,150 equity in primary residence Up to $75,000 equity in primary residence
Vehicle Up to $4,000 equity in one motor vehicle Up to $4,000 equity in one motor vehicle
Personal Property Household goods and clothing (varied limits) Clothing, household goods, furnishings up to $12,000
Wildcard Up to $1,325 plus unused homestead (max $12,575) Up to $1,200 of any property

Strategies for Maximizing Exemptions

Choosing the right exemption system is a critical step in protecting property. A few general strategies include:

  • Compare both sets carefully. Federal exemptions sometimes favor those with more flexible asset categories, while state exemptions often provide stronger protection for homes.
  • Use the wildcard exemption wisely. Apply it to cover valuable assets not protected elsewhere, such as jewelry or secondary electronics.
  • Plan the timing of your filing. If your property’s equity is changing, consider how that impacts which exemptions you qualify for.

These strategies are not one-size-fits-all. Individual results depend on your assets, debts, and financial situation.

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Working With a Milwaukee Bankruptcy Attorney

The rules surrounding exemptions are detailed and often confusing. Even small mistakes in filing can affect whether you are able to protect your property. That’s why guidance from a qualified bankruptcy attorney can make a meaningful difference in how your case unfolds.

A knowledgeable attorney can:

  • Explain the difference between federal and Wisconsin exemptions.
  • Ensure all documents are filed correctly and deadlines are met.
  • Negotiate with creditors while protecting your property.
  • Provide guidance for rebuilding credit after bankruptcy.

Working with an experienced Milwaukee bankruptcy attorney means you have someone to guide you through every step, making sure your rights are protected and your property stays secure.

FAQs

What property can I keep if I file bankruptcy in Wisconsin?

You can generally keep some home equity, one vehicle, personal property up to $12,000, and up to $1,200 in other assets.

Can I choose between federal and state exemptions in Milwaukee?

Yes. Debtors may choose either federal or state exemptions but must stick with one system entirely.

Does the homestead exemption mean I won’t lose my house?

Not necessarily. It protects up to $75,000 in equity, but circumstances like mortgages or liens affect the outcome.

What is the Wisconsin wildcard exemption?

It allows up to $1,200 to protect any property of your choice not covered by other exemptions.

Do exemptions apply differently in Chapter 7 and Chapter 13?

Yes. In Chapter 7, exemptions decide what can be sold. In Chapter 13, they help shape repayment plans.

Can exemptions protect my car if it’s financed?

Only the equity in your car is protected. If loan value exceeds equity, the exemption may not fully cover it.

Conclusion

Bankruptcy exemptions in Milwaukee are designed to protect essential property and help families maintain stability while resolving debt. Choosing between federal and state exemptions is an important decision that shapes what assets you can keep. Homestead, vehicle, personal property, and wildcard exemptions each play a role in safeguarding daily life during financial recovery.

If you are considering bankruptcy, learning how exemptions apply to your specific situation is the first step toward a more secure future. Debt Advisors Law Offices can help guide you through the process and ensure your property is protected while you work toward a financial fresh start.

Learn about bankruptcy protections, types of bankruptcy, how to get started, what to expect, and who to trust. Filing bankruptcy is the ONLY way to completely eliminate debt. If bankruptcy is right for you, it offers powerful protections that cannot be achieved through alternative solutions such as hardship relief, loans, or debt settlement.

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  • Attorney Chad Schomburg and Debt Advisors helped me with my debt about three years ago. Chad explained the process to me and answered any questions I had, and the assistants compiled my documentation very efficiently while keeping my case moving forward. They were always available when I needed them, and even years later, I’m able to reach out to them, and they are willing to help. They have turned my life around 100%, and I could not have done it without them! Absolutely recommended!

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  • After I had to go on disability, I used my credit cards a lot more thinking I could pay them off when I was able to go back to work. That didn’t happen and I found myself so much worse off than I could handle. I went to Debt Advisors feeling terrible about what I had to do. Chad and everyone there were very understanding and put my mind at ease while taking such great care of me. They were there every step of the way and supported me when I was “freaking out”!! Every time I needed to contact them; their response time was amazing!! God forbid I ever need to go through this again, but I know where to turn if I need help! Debt Advisors are more than just filing bankruptcy on my behalf. They really care about what you are going through!! Thank you, Chad, Jeremy, Mike, and everyone at Debt Advisors!! I cannot tell you enough how much I appreciate all of you!! J Hammond

    Steve

  • After I had to go on disability, I used my credit cards a lot more thinking I could pay them off when I was able to go back to work. That didn’t happen and I found myself so much worse off than I could handle. I went to Debt Advisors feeling terrible about what I had to do. Chad and everyone there were very understanding and put my mind at ease while taking such great care of me. They were there every step of the way and supported me when I was “freaking out”!! Every time I needed to contact them; their response time was amazing!! God forbid I ever need to go through this again, but I know where to turn if I need help! Debt Advisors are more than just filing bankruptcy on my behalf. They really care about what you are going through!! Thank you, Chad, Jeremy, Mike, and everyone at Debt Advisors!! I cannot tell you enough how much I appreciate all of you!! J Hammond

    J Hammond

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