Changes To Wisconsin Bankruptcy Exemption Laws

Help Finding Lawyers and Attorney Fee Guidelines

The Wisconsin bankruptcy Court now enforces new laws contained ion the Abuse Prevention Act. These new Wisconsin bankruptcy laws incorporate several new tests as a condition of satisfying legal qualification for a discharge under Chapter 7. Collectively, the means testing requirement steers most debtors into Chapter 13, by testing multiple restrictions on income, debts owed, and formulaic exclusions applied to Chapter 7.

If qualified, Chapter 7 allows debtors to declare up to $40,000 homestead equity under the state exemption law, or up to $18,500 home equity under the federal section. Similarly, the list of amounts and categories of personal property exemptions are different. The assistance of a Wisconsin bankruptcy lawyer is highly recommended when considering Chapter 7, both for qualification and efficient utilization of exemption laws. Overall, the desire of credit card companies and large financial institutions to eliminate Chapter 7 in all but the most severe situations is now federal law.

See also: Wisconsin Homestead Exemption.