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Wisconsin, WI Bankruptcy Exemptions

BANKRUPTCY FEDERAL EXEMPTIONS ARE AVAILABLE.
All law references are to Wisconsin, WI Bankruptcy Code.

All property of the debtor at the time of the filing for bankruptcy (and certain other property to be received in the future) becomes the property of the bankruptcy estate once bankruptcy is filed. This means that the bankruptcy trustee will take control of this property for purposes of satisfying the creditors. HOWEVER, there is certain property which is either excluded or exempt which the debtor will be able to keep. Property or asset exemption are determined based upon your specific situation, personal income and the individual laws of your state.

The best way to determine which property you will be entitled to keep requires a detailed analysis of your unique and personal situation. Although the following Federal and State Bankruptcy Asset Exemption is provided for your information, we highly recommend Finding a Good Bankruptcy Attorney to help guide you through the Bankruptcy Process.

Wisconsin, WI Bankruptcy Exemptions

All law references are to Wisconsin, WI Bankrutcy Code.

ASSET EXEMPTION DESCRIPTION LAW SECTION

Homestead

Property you occupy or intend to occupy to $40,000; sale proceeds exempt for 2 years from sale if you plan to obtain another home ( husband and wife may not double)

 

 

815.20

Insurance

Federal disability insurance

Fire proceeds for destroyed exempt property for 2 years from receiving

Fraternal benefit society benefits

Life insurance policy or proceeds to $5000, if beneficiary is a married woman

Life insurance proceeds held in trust by insurer, if clause prohibits proceeds from being used to pay beneficiary’s creditors

Life insurance proceeds if beneficiary was dependent of insured, needed for support

Unmatured life insurance contract, except credit insurance contract, owned by debtor & insuring debtor, dependent of debtor or someone debtor is dependent on

Unmatured life insurance contract’s accrued dividends, interest or loan value (to $4000 total in all contracts), if debtor owns contract & insured is debtor, dependent of debtor or someone debtor is dependent on

815.18(3) (ds)

815.18(3) (e)

614.96

766.09

632.42

815.18(3) (I) (a)

 

815.18(3) (f)

 

 

815.18(3) (f)

Miscellaneous

Alimony, child support needed for support

Property of business partnership

815.18(3) ( c)

178.21

Pensions

Certain municipal employees

Firefighters, police officers who worked in city with population over 100,000

Military pensions

Private or public retirement benefits

Public employees

66.81

815.18(3) (ef)

815.18(3) (n)

815.18(3) (j)

40.08(1)

Personal Property

Burial provisions

Deposit accounts to $1000

Household goods and furnishings, clothing, keepsakes, jewelry, appliances, books, musical instruments, firearms, sporting goods, animals and other tangible property held for personal, family or household use to $5000 total

Lost future earnings recoveries, needed for support

Motor vehicles to $1200

Personal injury recoveries to $25,000

Tenant’s lease or stock interest in housing co-op, to homestead amount

Wages used to purchase savings bonds

Wrongful death recoveries, needed for support

815.18(3) (a)

815.18(3) (k)

 

 

815.18(3) (d)

815.18(3) (I) (d)

815.18(3) (g)

815.18(3) (I) (c)

182.004(6)

20.921(1) (e)

815.18(3) (I) (b)

Public Benefits

Crime victims’ compensation

Social Service payments

Unemployment compensation

Veterans benefits

Workers’ compensation

949.07

49.41

108.13

45.35(8) (b)

102.27

Tools of Trade

Equipment, inventory, farm products, books and tools of trade to $7500 total

815.18(3) (b)

Wages

75% of earned but unpaid wages; bankruptcy judge may authorize more for low-income debtors

815.18(3) (h)

Wild Card

None