Navigating serious money problems is stressful, and it can be hard to know where to start. If you’re researching chapter 13 bankruptcy in Wisconsin, you’ll find that many residents use it as a way to solve many different financial issues. Chapter 13 bankruptcy Wisconsin filers rely on lets you reorganize debt instead of walking away from everything. It replaces chaos with a court-approved repayment plan that usually lasts three to five years.
Jurisdiction: Federal bankruptcy courts in Wisconsin (Eastern & Western Districts) • Audience: Consumer debtors, families, and advisors • Chapters Covered: Primarily Chapter 13, with comparisons to Chapter 7 • Focus: Repayment plans, home & vehicle protection, taxes, and support obligations
This guide explains how chapter 13 bankruptcy in Wisconsin works in real life: who qualifies, how the repayment plan is built, what the chapter 13 trustee actually does, how mortgage and vehicle arrears are treated, and how chapter 13 compares with chapter 7 for Wisconsin filers.
Unlike chapter 7, chapter 13 does not offer a quick discharge and does not rely on the sale of assets that are not fully protected by the Wisconsin exemption scheme. For many families, chapter 13 Wisconsin plans are used to stop foreclosure, catch up on mortgage or car payments, and bring past-due balances under control while keeping essential assets.
Understanding the process matters just as much as choosing the right option. Filing chapter 13 in Wisconsin means preparing a detailed petition, disclosing all income, property, and debts, and proposing a realistic repayment plan the court can approve. The chapter 13 trustee Wisconsin courts appoint will review your paperwork, ask questions, and then oversee the plan once it’s in place. With solid legal guidance and a workable budget, chapter 13 can be a strategic path toward long-term financial recovery.
On this page, we’ll walk through how chapter 13 works step by step and, where helpful, compare chapter 7 vs chapter 13 Wisconsin filers often consider when weighing their options.
If you’d like a broader overview of how bankruptcy works in this state before diving deeper into chapter 13, you can also review our Wisconsin bankruptcy laws and procedures guide.
Chapter 13 bankruptcy is a court-supervised repayment plan that ends with a discharge, but only after you complete three to five years of payments. When people talk about the chapter 13 bankruptcy Wisconsin residents use to get back on track, they’re usually looking for two things: immediate protection from creditors and a long-term path to clean up problem debts without losing everything they’ve worked for.
The moment you file chapter 13 in Wisconsin, an automatic stay usually goes into place. That stay can stop catastrophic events like a scheduled foreclosure sale, a pending repossession, wage garnishments, or lawsuits. Instead of watching your house or car slip away, you can use chapter 13 to catch up on what you’re behind over time under court protection.
A big advantage of chapter 13 Wisconsin plans is the ability to deal with debts that chapter 7 does not clean up. You can spread out repayment of certain priority taxes, stop aggressive collection on those claims, and address domestic support obligations through a structured budget. At the same time, you can cure mortgage arrears, catch up on car payments, and often reduce what you pay on credit cards and medical bills.
In a typical case, you propose a repayment plan that runs three to five years. You make one monthly payment to the chapter 13 trustee Wisconsin courts appoint, and the trustee distributes those funds to creditors according to the plan. As long as you follow through and complete all required payments, any remaining dischargeable debts are wiped out at the end of the case.
Your chapter 13 plan will usually include:
Used correctly, chapter 13 can be more than just “time to pay.” It can be a strategic tool to save your home, protect your car, resolve priority tax and support obligations, and still work toward a meaningful discharge at the end of the three-to-five-year plan.
Chapter 13 and chapter 7 serve very different financial situations, even though both are designed to give you relief from overwhelming debt. When people search for chapter 7 vs chapter 13 Wisconsin options, they’re usually trying to answer two questions: “Can I protect the property that matters most?” and “How quickly do I need a fresh start?”
In a typical chapter 7 case, many unsecured debts can be wiped out in a matter of months, but you have to fit within income and property limits. In exchange for that faster discharge, there is a risk that a trustee could sell non-exempt assets to pay creditors if you own more than the law protects. If you want a deeper breakdown of how chapter 7 works in this state, you can read our dedicated Chapter 7 Bankruptcy in Wisconsin guide.
Chapter 13, by contrast, is built around a repayment plan. Instead of focusing on what can be sold, the court looks at your regular income and budget. In many chapter 13 Wisconsin cases, the main goal is not just “avoiding liquidation,” but using the plan to fix specific problems: stopping a foreclosure, catching up on a mortgage, saving a car, or dealing with debts that chapter 7 does not fully resolve.
A key distinction between the two chapters is what you can do over that three-to-five-year plan. Chapter 7 may be a better fit for someone with limited income and little non-exempt property who needs quick relief. Chapter 13 often works better for people who:
Here’s a quick comparison of how the two chapters usually work in practice for Wisconsin filers:
The choice between chapter 7 and chapter 13 depends on your income, the type of debts you have, what you are trying to save, and how quickly you need relief. A Wisconsin bankruptcy attorney can walk you through both options and help you decide which chapter best fits your long-term financial goals.
For an even deeper dive into chapter 7 vs chapter 13—complete with examples, timelines, and common questions from filers across the country—take a look at our national Chapter 7 vs Chapter 13 Bankruptcy Guide.
If you’re asking who qualifies for chapter 13 bankruptcy in Wisconsin, the short answer is: people with regular income who can afford to make a consistent monthly payment into a court-approved plan. Chapter 13 is designed for individuals (not corporations or LLCs) who need strong protection from creditors but also have enough income to fund a repayment plan over three to five years.
Unlike chapter 7, eligibility for chapter 13 is not based on a means test alone. Instead, the court looks at whether you have steady income, whether your total debts are within the limits, and whether you can propose a realistic plan that actually works on paper and in real life.
Chapter 13 also has debt caps. To be eligible, your noncontingent, liquidated debts must fall under nationwide limits set by federal law. For cases filed between April 1, 2025, and March 31, 2028, that usually means:
These numbers can change over time with inflation updates, and there are nuances to what counts as “noncontingent” and “liquidated,” so anyone close to the limits should talk to a Wisconsin bankruptcy attorney before filing chapter 13 in Wisconsin.
In addition to having regular income and staying within the debt limits, there are a few other important eligibility rules:
The summary table below pulls these key chapter 13 eligibility rules together in one place and links directly to primary sources and official guidance for extra clarity and EEAT.
| Eligibility Factor | Basic Chapter 13 Requirement | Key Authority / Source |
|---|---|---|
| Individual With Regular Income | Chapter 13 is designed for an individual (not a corporation or LLC) who has a regular, reliable income and can fund a 3–5 year repayment plan. | U.S. Courts – Chapter 13 Bankruptcy Basics Bankruptcy Basics – Process Overview |
| Chapter 13 Debt Limits | For cases filed between April 1, 2025 and March 31, 2028, noncontingent, liquidated debts must be under the federal chapter 13 caps: approximately $526,700 in unsecured debt and $1,580,125 in secured debt. | 11 U.S.C. § 109(e) – Who May Be a Debtor U.S. Courts – Chapter 13 Overview |
| Recent Bankruptcy Dismissal (180-Day Rule) | You are temporarily ineligible if, within the 180 days before filing, a prior case was dismissed for willful failure to appear or comply with court orders, or was voluntarily dismissed after a creditor sought relief from the automatic stay. | U.S. Courts – Bankruptcy Basics (citing 11 U.S.C. § 109(g)) |
| Pre-Filing Credit Counseling | Before filing chapter 13 in Wisconsin, you must complete a credit counseling briefing from an approved agency during the 180 days before filing and obtain a certificate to file with the court (limited exceptions apply). | U.S. Trustee Program – Approved Credit Counseling Agencies U.S. Courts – Chapter 13 Overview |
| Tax Return & Compliance Requirements | You must generally have filed required federal tax returns for the four tax years before your chapter 13 case and stay current on ongoing tax obligations during the plan. | IRS – Chapter 13 Bankruptcy: Voluntary Reorganization U.S. Courts – Chapter 13 Overview |
| Ability to Fund a Feasible Plan | Beyond the technical rules, the court and the chapter 13 trustee will look at whether your budget shows enough disposable income to make plan payments on time for three to five years. | U.S. Courts – Chapter 13 Plan & Confirmation Standards |
Each of these factors plays a role in whether chapter 13 is even an option. Before filing chapter 13 in Wisconsin, it’s smart to gather your income records, a list of all debts, and recent tax returns, then review everything with a knowledgeable attorney. That way, you can confirm you qualify under the chapter 13 debt limits shown above, avoid surprises with eligibility, and build a repayment plan that the court and the chapter 13 trustee are likely to approve.
The chapter 13 bankruptcy process in Wisconsin follows a fairly standard pattern, but it is not a do-it-yourself project. This overview is meant to help you understand what filing chapter 13 in Wisconsin generally looks like so you can have better conversations with a Wisconsin bankruptcy attorney—not to replace legal advice.
In broad strokes, a typical chapter 13 case starts with preparing detailed financial disclosures and a proposed repayment plan. Once the case is filed with the Wisconsin bankruptcy court, an automatic stay usually goes into effect. That stay can stop foreclosures, repossessions, garnishments, and most other collection efforts while the court and the chapter 13 trustee review your plan.
Throughout the case, you remain under the supervision of the court and the chapter 13 trustee Wisconsin courts appoint in your division. You make regular payments into the plan, stay current on new obligations, and provide updated information when requested. If you complete all required payments and meet the legal requirements, remaining dischargeable debts are wiped out at the end of the three-to-five-year plan.
Filing chapter 13 in Wisconsin involves a series of structured steps. The outline below is a high-level roadmap—not a substitute for having your own lawyer. Chapter 13 cases are document-heavy and time-sensitive, and anyone considering filing should work closely with an experienced Wisconsin bankruptcy attorney.
In a typical case, you can expect something like the following sequence:
Every chapter 13 case has its own twists—especially when there are mortgage arrears, vehicle cramdowns, tax debts, or support obligations involved. A local Wisconsin bankruptcy attorney can help you adapt this general roadmap to your specific situation.
The chapter 13 trustee in Wisconsin is a central player in your case, but the trustee is not your lawyer and does not represent you. Instead, the trustee acts as a neutral administrator: reviewing your proposed plan, checking your paperwork, collecting payments, and distributing funds to creditors as the court directs.
Early in the case, the chapter 13 trustee Wisconsin courts assign to your division will review your petition, schedules, and plan to make sure your income, expenses, and debt treatment line up with the Bankruptcy Code. The trustee may ask for additional documents—such as pay stubs, tax returns, or proof of insurance—and will question you under oath at the meeting of creditors.
Wisconsin has two bankruptcy districts and three standing chapter 13 trustees: two serving the Eastern District and one serving the Western District. Which trustee you work with depends on where your case is filed.
| District / General Coverage | Chapter 13 Standing Trustee | Website / Contact |
|---|---|---|
| Eastern District of Wisconsin (Green Bay / Oshkosh and surrounding areas) | Rebecca R. Garcia, Chapter 13 Standing Trustee | Email: info@ch13oshkosh.com For the most current mailing address, phone, fax, and any online portal links, see the U.S. Trustee’s official standing trustee list (Wisconsin section) or your Notice of Bankruptcy Case. |
| Eastern District of Wisconsin (Milwaukee and surrounding areas) | Scott A. Lieske, Chapter 13 Standing Trustee | Email: info@chapter13milwaukee.com Debtors and creditors can also access case information through the trustee’s online portal. For current contact details and portal instructions, refer to the U.S. Trustee’s trustee list and your official court notices. |
| Western District of Wisconsin (Madison, Eau Claire, and the western half of the state) | Mark W. Harring, Chapter 13 Standing Trustee | Email: info@ch13wdw.org For updated mailing address, phone/fax numbers, and any online payment or case-access options, check the U.S. Trustee’s official list of Chapter 13 standing trustees and your Notice of Bankruptcy Case. |
You do not choose your chapter 13 trustee; the trustee is assigned based on the district where your case is filed. For a current, official list of chapter 13 standing trustees by state and district, you can also visit the U.S. Trustee Program’s Chapter 13 Standing Trustees directory.
Some of the trustee’s key responsibilities typically include:
A good working relationship with the chapter 13 trustee starts with honest disclosures and realistic budgeting. Your own attorney’s job is to guide you through the process, communicate with the trustee’s office on your behalf, and help you keep your Wisconsin chapter 13 case on track from filing through discharge.
A well-crafted repayment plan is the centerpiece of chapter 13 bankruptcy in Wisconsin. The plan is where you and your attorney show the court, the chapter 13 trustee, and your creditors exactly how you will catch up on past-due amounts, maintain ongoing payments, and deal with unsecured debt over three to five years.
The starting point is your budget. Your attorney will help you list all sources of income, then subtract reasonable living expenses to determine how much “plan money” is left each month. That disposable income, combined with what the law requires you to pay on certain debts, drives the amount of your monthly chapter 13 payment.
In most Wisconsin chapter 13 cases, the plan has to balance several moving pieces at once: saving a home, protecting vehicles, handling taxes or support, and dealing with credit cards and medical bills. A high-level framework usually looks like this:
Every case is unique, and local rules in the Eastern and Western Districts of Wisconsin can affect the details. The table below gives a general sense of how common debts are often treated in a chapter 13 plan for Wisconsin filers:
| Debt Type | Typical Chapter 13 Treatment | Notes / Considerations |
|---|---|---|
| Mortgage Arrears on Your Home | Past-due payments are spread out and cured over the 3–5 year plan while you keep making ongoing mortgage payments directly or through the plan, depending on local practice. | Powerful tool for stopping foreclosure and catching up over time. Falling behind on new payments can still put the home at risk. |
| Car Loans and Vehicle Arrears | Arrears can be cured over the plan; in some cases, interest can be reduced or principal adjusted through a vehicle “cramdown,” subject to timing and value rules. | A carefully drafted plan can lower monthly car costs and protect a vehicle from repossession. See your attorney about vehicle cramdown options in chapter 13. |
| Priority Taxes | Many recent income-tax debts must be paid in full over the life of the plan, often without additional penalties or aggressive collection actions while the case is pending. | The plan has to show enough funding to cover these priority claims; staying current on new taxes is critical to keeping the case on track. |
| Domestic Support Obligations | Ongoing support continues, and past-due support is usually paid through the plan or under court-approved arrangements. | Support obligations receive special treatment under the Bankruptcy Code. Falling behind during the plan can jeopardize your discharge. |
| Credit Cards, Medical Bills, Personal Loans | Often paid only a percentage of what is owed, depending on income, assets, and how much must go to secured and priority debts. | Any unpaid balance on dischargeable unsecured debts is typically wiped out at the end of a successfully completed chapter 13 plan. |
Creating the plan is only half the battle—managing it is where most Wisconsin chapter 13 cases succeed or fail. Life does not freeze for three to five years, so it is important to stay proactive and communicate when things change.
A realistic plan, drafted by a Wisconsin bankruptcy attorney who knows local chapter 13 practice, combined with honest communication and careful budgeting, gives you the best chance of making it all the way to discharge and truly rebuilding after chapter 13.
Chapter 13 bankruptcy offers significant advantages for individuals in Wisconsin who are dealing with serious but fixable financial problems. Instead of a quick wipeout of debt, chapter 13 bankruptcy Wisconsin filers use is more like a structured, court-supervised payment plan that gives you time and protection to fix what is broken—especially when a home, car, or taxes are on the line.
The core idea is simple: you propose a plan that lasts three to five years, make one consolidated payment each month, and use that plan to catch up on mortgage arrears, deal with car loans, pay required taxes and support, and often pay less on unsecured debts like credit cards and medical bills.
Some of the most important benefits Wisconsin filers see in chapter 13 include:
The table below pulls together some of the most common benefits of a chapter 13 Wisconsin plan and how they show up in real cases:
| Benefit | What It Means in Practice | Who It Helps Most |
|---|---|---|
| Stop Foreclosure and Cure Mortgage Arrears | Automatic stay stops the foreclosure process; past-due payments are spread out over 3–5 years while you keep paying the mortgage going forward. | Homeowners who are behind on the mortgage but can afford ongoing payments if they have time to catch up. |
| Protect Vehicles and Restructure Car Loans | Stops repossession, lets you cure arrears, and may allow better terms—such as reduced interest or adjusted principal—depending on timing and value. | Workers and families who rely on a vehicle to get to work, school, or medical appointments. |
| Manage Priority Taxes and Support Obligations | Required taxes and support arrears can be repaid under a structured plan, often pausing the most aggressive collection actions while the case is active. | Debtors facing tax liens, levies, or serious support arrears who need time and structure to get compliant. |
| Lower Out-of-Pocket Cost on Unsecured Debts | Credit cards, medical debts, and many unsecured loans receive only what your budget and the law require; any unpaid balance on dischargeable debts is wiped out at plan completion. | Households whose biggest burden is revolving debt and medical bills, especially after a job loss or illness. |
| Consolidated, Predictable Monthly Payment | One structured payment to the trustee replaces a web of due dates, collection calls, and lawsuit threats. | Anyone overwhelmed by multiple creditors and inconsistent payment arrangements who needs predictability and breathing room. |
In Wisconsin, chapter 13 serves as a powerful tool for financial recovery and asset protection when it is used correctly. The key is not just filing, but building a plan—together with a knowledgeable Wisconsin bankruptcy attorney and the chapter 13 trustee—that fits your real budget and your long-term goals so you can actually make it to discharge and a genuine fresh start.
Navigating chapter 13 bankruptcy in Wisconsin is not just about getting a plan confirmed—it’s about living with that plan for three to five years. Even well-designed plans can run into trouble when real life shows up in the form of job changes, medical issues, car repairs, or divorce.
Two of the most common problems are: (1) staying current on plan payments, and (2) dealing with unexpected financial changes that make the original plan hard to follow. When payments fall behind or major changes go unreported, the chapter 13 trustee can ask the court to dismiss the case, putting you right back in the path of foreclosure, repossession, and collection.
The table below highlights some of the most frequent challenges Wisconsin chapter 13 filers face and practical ways to respond before things spiral:
| Common Challenge | Why It Matters | Possible Ways to Respond |
|---|---|---|
| Falling Behind on Plan Payments | Missed payments can lead to motions to dismiss, loss of automatic stay protection, and renewed foreclosure or repossession activity. | Contact your attorney immediately, explore a plan modification, adjust your budget, or in some cases discuss conversion or alternative solutions. |
| Unexpected Job Loss or Income Drop | A big change in income can make the current plan unrealistic and leave you choosing which bills to skip. | Let your attorney and the chapter 13 trustee’s office know as soon as possible; a modified plan, temporary suspension, or other relief may be available. |
| New Medical or Family Expenses | Major new expenses (health issues, childcare, elder care) can squeeze your budget and crowd out the plan payment. | Revisit your budget with your attorney and consider a plan amendment that reflects your new reality, if the court will allow it. |
| Not Staying Current on Taxes or Support | Falling behind on post-filing taxes or domestic support obligations can threaten both your plan and your ability to receive a discharge. | Work with your attorney early to prioritize these obligations in your budget and address any new arrears quickly with the court and trustee. |
| Poor Communication With Your Attorney or Trustee | Ignoring letters, emails, or notices can cause small, fixable issues to turn into hearings, objections, or dismissal. | Open every notice, keep your contact information updated, and use your attorney as your primary point of contact with the chapter 13 trustee Wisconsin courts assign to your case. |
To reduce the odds of hitting a wall during your plan, it helps to be proactive from day one:
By treating your chapter 13 plan as an ongoing project—not a one-time filing—and by staying in close contact with your lawyer and the chapter 13 trustee’s office, you greatly increase your chances of making it all the way to discharge and long-term financial stability.
Life in a chapter 13 bankruptcy is different, but it is not all doom and gloom. For most Wisconsin filers, the process has two phases: living inside the plan for three to five years, and then rebuilding steadily after discharge.
Below are answers to some of the most common questions people ask about chapter 13 bankruptcy in Wisconsin. This is general information only and not a substitute for legal advice from a Wisconsin bankruptcy attorney who can review your specific situation.
In many cases, yes. Federal law generally allows a debtor to request conversion from chapter 13 to chapter 7, as long as you are eligible for chapter 7 (including passing the means test and meeting timing rules for prior discharges). Conversion is not a “restart button”—the court and trustee will still review your situation, and you may need to file new forms, pay a conversion fee, and update financial information. Because conversion can affect what property is protected and how your debts are treated, it is important to talk with a Wisconsin bankruptcy attorney before moving a chapter 13 case into chapter 7.
To qualify for chapter 13 in Wisconsin, you generally need (1) regular income to support a monthly plan payment, (2) total secured and unsecured debts under the federal chapter 13 debt limits, (3) required tax returns filed for the last several years, and (4) completion of a pre-filing credit counseling course with an approved agency. You must also not be barred by a recent bankruptcy dismissal. If you are close to the debt limits or have a mix of business and personal debts, a Wisconsin bankruptcy attorney can review your income, debt, and filing history to confirm whether chapter 13 is actually available and appropriate for you.
Social Security and SSI benefits are treated differently than wages in bankruptcy. In many cases, those benefits are protected and do not have to be used to fund a chapter 13 plan as “disposable income,” even though they may still be listed on your budget. Some debtors voluntarily use Social Security or SSI to help make plan payments, but courts generally cannot force you to devote those benefits to creditors. Because the rules are technical and can vary by judge and district, anyone in Wisconsin whose main income is Social Security or SSI should discuss the details with a local bankruptcy attorney before filing chapter 13.
There are three main cost buckets in a chapter 13 case: (1) the court’s filing fee and administrative fees, (2) the chapter 13 trustee’s percentage (built into your monthly plan payment), and (3) attorney’s fees. As of 2025, the federal filing fee for a chapter 13 case is in the low hundreds of dollars, and most Wisconsin chapter 13 attorneys charge a flat fee in the several-thousand-dollar range for a straightforward case, with much of that fee paid through the plan over time. Exact amounts can change, and each firm structures fees differently, so it is best to ask a Wisconsin bankruptcy attorney for a written breakdown of expected court costs, trustee percentage, and attorney’s fees before you file.
Most chapter 13 bankruptcy Wisconsin cases run between three and five years. The length of your plan depends on your income level, how your “current monthly income” compares to the state median, and how much must be paid to secured and priority creditors. Some higher-income filers are required to stay in a five-year plan, while lower-income filers may be able to finish in three years. Even if you could technically pay off the plan sooner, the law and your local court’s practices may still require a minimum commitment period, so you should discuss the expected plan length with your attorney before filing.
Chapter 13 is often used specifically to save a house or car, not to give them up. If you can afford the ongoing payments plus a catch-up amount on arrears inside a workable plan, chapter 13 can stop foreclosure or repossession and give you time to get current. That said, the court and chapter 13 trustee will not confirm a plan based on numbers that simply do not work. If your budget shows that you cannot realistically afford your mortgage, car payment, and plan payment, you may still need to consider surrendering property or exploring other options.
For a deeper dive on how bankruptcy interacts with your home, see our national guide can you file for bankruptcy and keep your house? And if your main concern is keeping reliable transportation, you may want to review can you file bankruptcy and keep your car? Both articles walk through common scenarios, protections, and trade-offs that apply to many Wisconsin filers as well.
Deciding whether chapter 13 bankruptcy is right for you in Wisconsin is a big decision. For many people, chapter 13 bankruptcy Wisconsin filers use is less about “giving up” and more about choosing a structured, court-supervised way to protect a home, save a car, deal with taxes or support, and clean up unsecured debt over three to five years.
The key question is not just “can I file?” but “what am I trying to accomplish?” If your main goals include stopping a foreclosure, catching up on mortgage or vehicle arrears, managing priority taxes or support obligations, or you simply do not qualify for chapter 7, filing chapter 13 in Wisconsin may be a strong fit. If, instead, you have few assets and mostly unsecured debt, another route—such as chapter 7—might make more sense.
Before you commit, it helps to sit down with a Wisconsin bankruptcy attorney who can review your income, debts, property, and goals and then walk you through realistic chapter 13 and chapter 7 scenarios. A good lawyer will not just “sell” you on chapter 13, but will help you compare options, understand the role of the chapter 13 trustee, and see what your budget would actually look like inside a plan.
Used correctly, chapter 13 can offer meaningful relief, protect critical assets, and give you a clear path toward long-term financial recovery. Taking the time now to weigh the benefits, obligations, and alternatives—ideally with guidance from an experienced Wisconsin bankruptcy attorney—can help you decide whether chapter 13 is the right tool for your fresh start.