Filing Bankruptcy in Wisconsin: Means Test, Exemptions and Courts

Wisconsin has 2 federal bankruptcy court districts, each with its own U.S. Bankruptcy Court: Eastern District of Wisconsin (https://www.wieb.uscourts.gov/); Western District of Wisconsin (https://www.wiwb.uscourts.gov/).

Median family income for Wisconsin: 1 person $71,168; 2 people $90,252; 3 people $108,516; 4 people $133,384; add $11,100 for each additional person beyond 4. These figures apply to bankruptcy cases filed on or after July 15, 2026.

Wisconsin has not opted out of the federal bankruptcy exemptions. The Eastern District of Wisconsin bankruptcy court's FAQ describes both the federal exemptions in the Bankruptcy Code (11 U.S.C. 522) and Wisconsin's state exemptions as available to Wisconsin debtors. Under federal law (11 U.S.C. 522(b)), a filer uses one list or the other, not a mix.

A homestead selected and occupied by a resident owner is exempt up to $75,000. For land owned jointly by spouses (jointly, in common, or as marital property), each spouse may claim up to $75,000. If the home is sold, the exemption carries over to the sale proceeds, up to $75,000, for 2 years while held with the intention of buying another home. The exempt homestead includes the dwelling (including a condominium, mobile or manufactured home, or cooperative) and as much surrounding land as is reasonably necessary for use as a home, at least 0.25 acre if available and not more than 40 acres.

Motor vehicles up to $4,000 in total value. Any unused part of the $12,000 consumer goods exemption may be added to increase the motor vehicle exemption.

Assets held in, amounts payable under, and payments from retirement, pension, disability, death benefit, stock bonus, profit-sharing, annuity, IRA, Keogh, 401(k) or similar plans are exempt, if the plan complies with the Internal Revenue Code or meets the statute's employer-plan requirements. For owner-dominated plans, the exemption is limited to what is reasonably necessary to support the debtor and dependents. The exemption does not apply to court orders for child support, family support or maintenance, or to divorce, annulment or legal separation judgments.

75% of the debtor's net income for each one-week pay period is exempt. The exemption is limited to what is reasonably necessary to support the debtor and dependents, but not less than 30 times the greater of the state or federal minimum wage. "Net income" means gross pay for personal services (or rents, dividends or interest) minus legally required federal and state tax withholding.

Eastern District of Wisconsin: the "Filing without a Lawyer" page strongly recommends hiring an attorney and, for those proceeding alone, points to eligibility information, the forms and schedules, and the court's FAQ. The court hosts a Pro Se Help Desk on Thursdays, 9:00 to 10:30 a.m., at the U.S. Courthouse in Milwaukee (517 East Wisconsin Avenue, Room 153), where volunteer attorneys help Chapter 7 debtors without a lawyer complete their paperwork, in person and first come, first served. Western District of Wisconsin: the "For Debtors" page explains that individuals may represent themselves but must follow all bankruptcy rules, that corporations and partnerships need an attorney, and that Clerk's Office staff cannot give legal advice; it lists the State Bar of Wisconsin lawyer referral line. Residents of the Western District can use the free eSR (Electronic Self-Representation) system to prepare a Chapter 7 or Chapter 13 petition; the case is not filed until the court receives the additional required items.

Eastern District of Wisconsin: the court's statement Presumptively Reasonable ("No-Look") Fees in Chapter 13 Cases provides that for chapter 13 cases filed on or after May 1, 2024, the presumptively reasonable fee for an attorney representing the debtor, through at least plan confirmation, is $5,500 (including costs, but not including the chapter 13 filing fee), or $6,000 if the debtor moves to participate in the court's mortgage modification mediation program. The fee is generally expected to cover all ordinary, necessary and reasonably foreseeable pre-confirmation services and routine post-confirmation services (e.g., preparing and amending the petition, schedules and plan; the meeting of creditors; confirmation hearings; stay relief motions; claims review and objections; and completion certifications).