Filing Means Test Exemptions Courts Forms Lawyers

Wisconsin Bankruptcy Exemptions

Wisconsin Homestead
Insurance
Misc
Pensions
Personal Property
Public Benefits
Tools of Trade
Wages
Wild Card

Federal Bankruptcy Exemptions Also Available
(see below)

Wisconsin Bankrupcty Exemptions Summary

Homestead

Property you occupy or intend to occupy to $75,000; sale proceeds exempt for 2 years if you intend to purchase another home (husband & wife's exemption may double)

(more...)

Auto/Truck (aka Motor Vehicle)

Motor vehicles to $5,000 (husband & wife may double; unused portion of $12,000 personal property exemption may be added)

(more...)

Household goods and furnishings, clothing, keepsakes, jewelry, appliances, books, musical instruments, firearms, sporting goods, animals, and other tangible personal property to $12,000 total (husband & wife may double)
Deposit accounts to $5,000
Equipment, inventory, farm products, books, and tools of trade to $15,000 total.

(more...)

Wild Card

None

(more...)

Wage Garnishment Law

(more...)

More Wisconsin Exemptions...

[Click here for more info & citations...]

Wisconsin Bankruptcy Exemptions

Wisconsin Offers a Choice of Federal or State Exemptions

Wisconsin law allows you to use the exemptions found in the U.S. bankruptcy code (11 U.S.C. § 522(d)) or the exemptions provided under Wisconsin law. However, you cannot mix and match exemptions from the federal bankruptcy code and state law. You must choose one system or the other.

However, if you use the state law exemptions, there are a few U.S. 'non-bankruptcy' exemptions (that is, exemptions that exist outside of federal bankruptcy code) that you can use in addition to your state law exemptions. The four most significant non-bankruptcy exemptions are for:

Wages (a general cap on what percentage of your wages can be garnished)
Social Security benefits
Civil Service benefits, and
Veterans Benefits

Other non-bankruptcy exemptions mostly deal with various benefits to government and military personnel, with a few odd laws regarding specially regulated labor markets such as railroad workers, merchant sailors, and longshoremen.

NOTE: Federal Exemption amounts listed below reflect the April 1, 2019 adjustment for inflation every three years, and therefore do not match the figures shown in the federal exemption statutes. Click here for the April 1, 2019 inflation adjustments to Federal bankruptcy exemption amounts, published in the Federal Register.

Special Notes regarding Wisconsin exemptions:

Wisconsin increased exemption amounts effective 12/15/2009 and eliminated the "marriage penalty" on the homestead exemption. Spouses may now double the homestead exemption. (SB 259, creating 2009 Act 80.)

Can you double exemptions for joint filers? (General principles)

If you are married and filing together, you and your spouse must use the same law; one cannot use federal law while the other uses state law. However, the exemption law chosen applies separately to each spouse. Thus, it is generally possible to double the amount of state law exemptions, Cheeseman v. Nachman, 656 F.2d 60 (4th Cir. 1981) (married couple filing a joint petition was entitled to double the Virginia homestead exemption), unless state law (e.g. California) specifically prohibits a couple from doubling certain exemptions. See First National Bank v. Norris, 701 F.2d 902 (11th Cir. 1984)(Alabama); Granger v. Watson, 754 F.2d 1490 (9th Cir. 1985)(California).

Disclaimer

Citations and links to primary law and secondary sources are provided for those who wish to do further research. Every effort has been made to make this information up to date and accurate, but laws can and do change without notice. Persons relying on this information are responsible for confirming its timeliness and accuracy before relying on it. (This information was updated for April 2019.)

Also bear in mind that these brief summaries do not list every detail or exception to these exemptions. For example, there are often exceptions for collection of child support debt and/or taxes. These listings are designed to inform you of laws that exist for your benefit, so that you may exercise what rights you may have.

Finally, this website is intended to provide information only. It cannot answer whether your property does or does not qualify for a specific exemption.

Wisconsin Homestead Exemption

Almost every state provides protection for equity in the family home, and many states have increased the amount of protection in recent years. Seven states offer unlimited protection. Most states are not as generous.

As of December 2009, joint filiing spouses may double the homestead exemption. (SB 259, creating 2009 Act 80.)

New Federal Residency Requirement

Under the new bankruptcy law, you must be have lived in the state for at least 40 months (three years and four months) before you can claim any homestead protection greater than $160,375. (If your state's exemption offers less than this amount, the law is irrelevant to you.) The law is poorly worded but seems to say that if you move from one home to another in the same state, you can claim that state's homestead protection.

IF you are moving to another state, OR you moved to Wisconsin within in the last two years, click here.

Special notes about Wisconsin Homestead Exemptions: As of December 2009, joint filiing spouses may double the homestead exemption. (SB 259, creating 2009 Act 80.)

Wisconsin Exemptions

WI Exemptions
Property you occupy or intend to occupy to $75,000, not exceeding 40 acres; sale proceeds exempt for 2 years if you intend to purchase another home (husband & wife's may double)
Wis. Stat. Ann. � 815.20
Wis. Stat. Ann. � 990.01 (14)

Federal Exemptions

Real property, including co-op or mobile home, or burial plot to $25,150; unused portion of homestead to $12,575 may be applied to any property
11 U.S.C. � 522 (d)(1), (d)(5)

Home Valuation tool

Avg home value in
Zip code 53530
Darlington, WI
Zillow.com.

Just add your street address to get an estimate of the value of your house, and all others in your neighborhood. (Note: Does not serve all areas, and valuations are imperfect estimates only.)

Wisconsin Insurance exemptions

Virtually all states protect life insurance proceeds in some manner or another. Some restrict it to proceeds paid to a dependent. Many states also protect the cash-value or loan-value of insurance policies.

If a substantial amount of your assets are in life insurance, you may want to consult a professional to determine the extent to which those policies are exempt.

Wisconsin Exemptions

Federal disability insurance benefits
Wis. Stat. Ann. � 815.18 (3)(ds)
Fraternal benefit society benefits
Wis. Stat. Ann. � 614.96
Life insurance proceeds for someone debtor depended on, needed for support
Wis. Stat. Ann. � 815.18 (3)(i)(a)
Life insurance proceeds held in trust by insurer, if clause prohibits proceeds from being used to pay beneficiary's creditors
Wis. Stat. Ann. � 632.42
Unmatured life insurance contract (except credit insurance contract) if debtor owns contract & insured is debtor or dependents, or someone debtor is dependent on
Wis. Stat. Ann. � 815.18 (3)(f)
Unmatured life insurance contract's accrued dividends, interest, or loan value to $4,000 total, if debtor owns contract & insured is debtor or dependents, or someone debtor is dependent on
Wis. Stat. Ann. � 815.18 (3)(f)

Federal Exemptions

Disability, illness, or unemployment benefits
11 U.S.C. � 522 (d)(10)(C)
Life insurance payments from policy for person you depended on, needed for support
11 U.S.C. � 522 (d)(11)(C)
Life insurance policy loan value, in accured dividends or interest, to $13,400
11 U.S.C. � 522 (d)(8)
Unamtured life insurance contract, except credit insurance policy
11 U.S.C. � 522 (d)(7)

Miscellaneous other exemptions for Wisconsin

This category covers items like partnership property, alimony & support payments.

Wisconsin Exemptions

Alimony, child support needed for support
Wis. Stat. Ann. � 815.18 (3)(c)
Property of business partnership
Wis. Stat. Ann. � 178.21 (3)(c)

Federal Exemptions

Alimony, child support needed for support
11 U.S.C. � 522 (d)(10)(D)

Wisconsin Pensions & Retirement Savings Exemptions

The new federal bankruptcy law now automatically exempts a virtually all tax-exempt pensions and retirement savings accounts from bankruptcy, even if you are using state law exemptions. 11 U.S.C. § 522(b)(3)(C). (See Help Topic: Special Rules For Retirement Accounts.)

The law protects up to $1,283,025 of any pension or retirement fund that qualifies forspecial tax treatment under Internal Revenue Code sections 401,402, 403, 408, 408A, 414, 457, or 501(a).

Federal Exemptions

All types of retirement funds and accounts that tax-exempt under IRC section 401, 403, 408, 408A, 414, 457, or 501(a) ; IRAs & Roth IRAs limited to $1,362,800 (excluding rollover contributions); limitation can be overidden by judge.
11 U.S.C. � 522 (d)(12)
11 U.S.C. � 522 (n)

Wisconsin Exemptions

Certain municipal employees
Wis. Stat. Ann. � 62.63 (4)
Firefighters, police officers who worked in city with population over 100,000
Wis. Stat. Ann. � 815.18 (3)(ef)
Military pensions
Wis. Stat. Ann. � 815.18 (3)(n)
Private or public retirement or disability benefits, including IRAs and KEOGHs, 401(k), subject to many exceptions & limitations.
Wis. Stat. Ann. � 815.18 (3)(j)
Public employees
Wis. Stat. Ann. � 40.08 (1)

Wisconsin Personal Property Exemptions

This category covers your car, your non-retirement bank accounts, and most of your other personal possessions, other than your house.

States vary widely on how generous they are in this area. Some exemptions may be for any combination of property up to an aggregate amount. Other exemptions apply only to specific items, such as jewelry.

Remember that an exemption will not protect your car from being repossessed by the holder of the car loan you used to purchase the vehicle if you pledged the vehicle as security for the loan. To keep the car, you will have to pursue other options such as 'redemption' or 'reaffirmation.' See the help topics and How to File for Chapter 7 Bankruptcy for more on this.

Wisconsin Exemptions

Burial plot, tombstone, coffin (husband & wife may double)
Wis. Stat. Ann. � 815.18 (3)(a)
College savings account or tuition trust fund
Wis. Stat. Ann. � 14.63 (8)
Wis. Stat. Ann. � 14.64 (7)
Deposit accounts to $5,000
Wis. Stat. Ann. � 815.18 (3)(k)
Fire & casualty proceeds for destroyed exempt property for 2 years from receiving
Wis. Stat. Ann. � 815.18 (3)(e)
Household goods and furnishings, clothing, keepsakes, jewelry, appliances, books, musical instruments, firearms, sporting goods, animals, and other tangible personal property to $12,000 total (husband & wife may double)
Wis. Stat. Ann. � 815.18 (3)(d)
Lost future earnings recoveries, needed for support
Wis. Stat. Ann. � 815.18 (3)(i)(d)
Motor vehicles to $4,000 (husband & wife may double; unused portion of $12,000 personal property exemption may be added)
Wis. Stat. Ann. � 815.18 (3)(g)
Personal injury recoveries to $50,000
Wis. Stat. Ann. � 815.18 (3)(i)(c)
Tenant's lease or stock interest in housing co-op, to homestead amount
Wis. Stat. Ann. � 182.004 (6)
Wages used to purchase savings bonds
Wis. Stat. Ann. � 20.921 (1)(e)
Wrongful death recoveries, needed for support
Wis. Stat. Ann. � 815.18 (3)(i)(b)

Federal Exemptions

Animals, crops, clothing, appliances, books, furnishings, household goods, musical instruments to $625 per item, $13,400 total
11 U.S.C. � 522 (d)(3)
Health aids
11 U.S.C. � 522 (d)(9)
Jewelry to $1,700
11 U.S.C. � 522 (d)(4)
Lost earnings payments
11 U.S.C. � 522 (d)(11)(E)
Motor vehicle to $4,000
11 U.S.C. � 522 (d)(2)
Personal injury recoveries to $25,150 (not to include pain & suffering or pecuniary loss)
11 U.S.C. � 522 (d)(11)(D)
Wrongful death recoveries for person you depended on
11 U.S.C. � 522 (d)(11)(B)

Auto Valuation Tools:

Both of these websites offer interactive tools to determine the current value of your used car.

Wisconsin Public Benefits Exemptions

Most states exempt public benefits, consistent with the notion that such benefits are intended as a safety net for the recipient.

Wisconsin Exemptions

Crime victims' compensation
Wis. Stat. Ann. � 949.07
Social services payments
Wis. Stat. Ann. � 49.96
Unemployment compensation
Wis. Stat. Ann. � 108.13
Veterans' benefits under 45.03(8)(b)
Wis. Stat. Ann. � 45.03 (8)(b)
Wis. Stat. Ann. � 815.18 (13)(k)
Workers' compensation
Wis. Stat. Ann. � 102.27

Federal Exemptions

Crime victims' compensation
11 U.S.C. � 522 (d)(11)(A)
Local public assistance
11 U.S.C. � 522 (d)(10)(A)
In re Goertz, 202 B.R. 614 (Bankr.S.D.Mo. 1996)
Social Security
11 U.S.C. � 522 (d)(10)(A)
Unemployment compensation
11 U.S.C. � 522 (d)(10)(A)
Veteran's benefits
11 U.S.C. � 522 (d)(10)(A)

Wisconsin Tools of Trade Exemptions

These are the things you use to make a living. An automobile or truck can be a tool of trade if you use it as such. Commuting to work doesn't count, but if driving is a necessary component of transacting your business, you can claim your vehicle is a tool of trade.

Wisconsin Exemptions

Equipment, inventory, farm products, books, and tools of trade to $15,000 total
Wis. Stat. Ann. � 815.18 (3)(b)

Federal Exemptions

Implements, books, & tools of trade to $2,525
11 U.S.C. � 522 (d)(6)

Wisconsin Wage Garnishment Laws

Most states have a wage garnishment law. In some states, wage garnishment laws can be used in bankruptcy as an exemption to protect income that you had coming due, but not yet received, as of the day you filed, for work you had already done -- so called "earned but unpaid wages".

In some states, the wage garnishment law protects not only wages owed to you, but also wages already in your possession and saved over time preferably holding it in a separate bank account. In other states wage garnishment laws do not protect wages once they are they are in your possession.

Wisconsin Exemptions

75% of weekly net income or 30 times the greater of the federal or state minimum hourly wage; bankruptcy judge may authorize more for lowincome debtors
Wis. Stat. Ann. � 815.18 (3)(h)
Wages of county jail prisoners
Wis. Stat. Ann. � 303.08 (3)
Wages of county work camp prisoners
Wis. Stat. Ann. � 303.10
Wages of inmates under work-release plan
Wis. Stat. Ann. � 303.065 (4)(b)

Federal Exemptions

None
11 U.S.C. � 522 (d)

Wisconsin Wild Card Exemption

Most, but not all, states allow a so-called "wild-card" exemption that can apply to any property. The wild card exemption can be of particular help if one or more of your other exemptions falls short of protecting your equity. You may split your wild card exemption amount over multiple items and stack it atop other exemptions as needed to protect exposed equity.

Wisconsin Exemptions

Federal Exemptions

$1,325 of any property
11 U.S.C. � 522 (d)(5)
Up to $12,575 of unused homestead exemption amount, for any property.
11 U.S.C. � 522 (d)(5)

^ Top - Wisconsin Bankruptcy Exemptions

Links About Wisconsin Bankruptcy Exemptions

Summary of 2009 exemption changes. (SB 259, creating 2009 Act 80.) -