In Wisconsin , you have the unique choice between using the state exemption set or the federal bankruptcy exemptions . Many filers compare both to see which scheme better protects their assets. Below, we list some notable exemptions from each system. Always confirm amounts and doubling rules with a local bankruptcy attorney .
Below are some highlights of the Wisconsin exemption system. Amounts are generally per debtor; in a joint case, most dollar limits effectively double if both spouses have an interest in the property.
| Exemption Type | Single Filer Amount | Married (Joint) Amount | Notes |
|---|---|---|---|
| Homestead | $75,000 | $150,000 | Protects equity in your primary residence (house, condo, etc.). |
| Motor Vehicle | $4,000 | $8,000 | Equity in one or more vehicles up to these totals. Unused consumer goods exemption can often be added to increase protection. |
| "Consumer Goods" Exemption | $12,000 | $24,000 | Covers household goods and other personal property; can apply to various items, including vehicle(s), subject to Wisconsin law. |
| Bank Accounts | $5,000 | $10,000 | Depository accounts (checking, savings, etc.) used for personal, not business, purposes. |
| Personal Injury Award | $50,000 | $50,000 each spouse | Protects personal bodily injury recoveries (not including pain & suffering or economic loss) up to $50,000 per debtor. |
| Retirement Accounts | Fully protected in most cases | Most tax-qualified retirement plans (401(k), 403(b), pensions, etc.) are exempt under Wisconsin law and federal nonbankruptcy exemptions. | |
Note: The amounts above are not the entire Wisconsin exemption list—just some major ones. Confirm others with a local attorney or by reviewing the Wisconsin statutes.
If you choose the federal exemptions (11 U.S.C. § 522(d)) instead, below are key amounts for cases filed on or after April 1, 2025 (current through March 31, 2028). Federal exemption amounts adjust every three years, so always confirm the latest figures before you file. In a joint case, most of these amounts are doubled for married couples who both have an interest in the property.
| Exemption Type | Single Filer Amount | Married (Joint) Amount | Notes |
|---|---|---|---|
| Homestead | $31,575 | $63,150 | Protects equity in real estate or a mobile home used as your residence. |
| Motor Vehicle | $5,025 | $10,050 | Equity in one or more vehicles. Each spouse may use the exemption if both have an ownership interest. |
| Wildcard | $1,675 in any property + up to $15,800 of unused homestead | $3,350 in any property + up to $31,600 of unused homestead | Can be applied to any property (including cash, vehicles, or other assets) and stacked with other exemptions, subject to federal limits. |
| Household Goods | Up to $16,850 total | Up to $33,700 total | Clothing, furniture, appliances, etc., generally up to $800 per item and a total of $16,850 per debtor. |
| Jewelry | $2,125 | $4,250 | Personal jewelry up to these amounts. |
| Personal Injury Award | $31,575 | $31,575 each spouse | Covers compensation for personal bodily injury (not including pain & suffering or pecuniary loss) up to these limits per debtor. |
| Retirement Accounts | Fully protected if tax-exempt (IRAs up to about $1,711,975 per person) | Most employer retirement plans (401(k), 403(b), etc.) are generally 100% exempt. Traditional and Roth IRAs are protected up to approximately $1,711,975 per person in cases filed between April 1, 2025 and March 31, 2028, with rollover IRAs from employer plans usually fully protected. | |
Chapter 7 vs. Chapter 13: In Chapter 7, the trustee might sell nonexempt assets to pay creditors, while in Chapter 13, you keep your property but repay creditors at least the nonexempt value over 3-5 years.
You must have lived in Wisconsin for 730 days (2 years) before filing to use its state exemptions. Otherwise, your prior state’s laws may apply. If you choose the federal exemptions, you’d still need to meet certain residency rules. A federal homestead cap can limit how much homestead protection you get on a home acquired within 1,215 days (about 40 months) before filing; for cases filed between April 1, 2025 and March 31, 2028, that cap is $214,000.
Important: Exemptions change periodically. Always check if statutes and amounts are current. Verify with a bankruptcy attorney to confirm that these exemptions still apply to your situation and filing date.