Who can file for bankruptcy protection in Wisconsin?

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Question:

Who can file for bankruptcy protection in Wisconsin?

Answer:

Anyone who is a resident of the state can file for bankruptcy in Wisconsin. There is no restriction on who can file, only for which chapter they can file in.

Filing for Chapter 7

The debtor must be under Wisconsin's median income in order to be eligible to file chapter 7. Being under the median is an automatic qualifier with no further information needed on the means test. If income is over the median but no appreciable money is left over every month, it's time to try the long form. It must be proved that every dime goes towards servicing debt. When there's too much money left over, chapter 13 comes into view.

Filing Chapter 13

Chapter 13 is for paying down debt over a certain amount of time. The length of time is 36-60 months, depending on how much debt there is and how much money is available. Payments are agreed upon with the trustee and then sent in every month until the discharge date. Any left over balances are discharged at this time and are no longer collectible by the creditor.

Retain a Local Lawyer

Don't go into bankruptcy without a lawyer. Even more importantly, be sure to hire a lawyer in your area. There are different court districts in Wisconsin, meaning the petitioner has to file in the one closest to their home. Working close to home saves a lot of time and hassle for you and your lawyer.

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