Wisconsin Bankruptcy
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Table of Contents
Under federal law, bankruptcy offers a regulated framework for erasing and managing debts through court intervention. Bankruptcy is regulated under federal laws, but in Wisconsin individuals have the option of choosing either Wisconsin’s exemptions or the federal exemption list. This plays a significant role in determining what assets you may retain, especially in areas of homesteads, vehicles, personal tools, and household items.
How to File Bankruptcy in Wisconsin
In Wisconsin, there are certain steps that must be taken to help you navigate the bankruptcy filing process from start to finish. A credit counseling course must be completed within 180 days before filing. Afterward a debtor education course is compulsory for discharging your case.
Gathering relevant documents, including financial records, helps facilitate the case in court. Filers must provide two years of tax returns, income (six months), bank statements, and a comprehensive list of assets and debts. Other records such as real estate deeds and vehicle titles and any lawsuits or garnishments are also included.
Select the appropriate chapter—7 (liquidation), 13 (3–5-year repayment), or 11 (reorganization). Ensure you choose the exemption that best protects your assets between the Wisconsin and the federal exemptions. Submit your petition and schedules in the proper district court. Attorneys may file electronically; pro se litigants may contact the clerk of court to assist them during the filing process.
A processing fee is required before you can effectively file your case. You either pay the rate stipulated by federal laws or the Wisconsin bankruptcy filing fee, depending on which one you choose. In addition, you may request an installment or fee waiver if eligible.
Also, you are required to participate in the § 341 meeting of creditors and bring valid identification and any document requested from trustees. Respond to court or trustee notices until you receive a discharge (Ch. 7)/payment plan is confirmed or complete (Ch. 13/11).
Wisconsin Bankruptcy Types: Chapter 7, Chapter 13 & Chapter 11
Wisconsin residents pursuing bankruptcy cases may file under the following chapters based on
Chapter 7 (liquidation)
Trustee may sell non-exempt assets; Wisconsin exemptions (or the federal list you elect) decide what stays protected.
Chapter 13 (repayment plan)
This allows you to complete overdue payments and retain your assets by repaying creditors over time. The amount you are repaying typically corresponds to the value of non-exempt equity after applying your chosen exemptions.
Chapter 11 (reorganization)
This is generally for businesses or high-debt individuals. This permits them to continue operations while negotiating a plan.
Steps in Filing for Bankruptcy in Wisconsin
- Complete the required credit counseling course
- Gather financial records and asset or debt lists
- Select any of the chapters; 7, 13, or 11, and choose either state or federal exemptions
- File petition and schedules in the appropriate district or division
- Pay filing fees or request relief
- Attend the § 341 meeting
- Complete a debtor education course
- Respond to all trustee or court communications
Wisconsin Bankruptcy Courts & Record Access
Wisconsin residents are required to file for bankruptcy in the appropriate venue and consult official resources for operating hours, filing locations, and docket information. The Eastern and Western Districts of Wisconsin and the Eau Claire divisions play pivotal roles in deciding federal cases involving fraud and creditor's claims.
As a result, the public may visit individual courthouses to access records via the computer terminals. The clerk's office is open from 8:00 a.m. to 4:30 p.m., Monday to Friday, except on federal holidays.
Court Location
Individuals may find the address of the Eastern District of Wisconsin, located in Milwaukee, at the:
U.S. Federal Courthouse
517 E. Wisconsin Avenue
Room 126
Milwaukee, WI 53202
(414) 297-3291
The Western District of Wisconsin Madison Division is headquartered in:
120 N. Henry Street
Room 340
Madison, WI 53703-2559
The Eau Claire Division operates from:
500 S. Barstow Street
Room 223
Eau Claire, WI 54701-3608
Record Access
To search for federal court cases in Wisconsin, individuals may use the PACER system or the PACER Case Locator. Both the Eastern and Western Districts of Wisconsin provide direct links and contacts to assist with docket access.