Wisconsin Bankruptcy Process

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    Credit Counseling

    • The first step in the Wisconsin bankruptcy process is the completion of credit counseling. All debtors must attend credit counseling with a court-approved agency in the 180 days prior to filing. You may petition the court to waive this requirement only if you can prove your situation is an emergency.

    Means Test

    • The means test determines whether you can file Chapter 7 or Chapter 13. The means test compares your median income for the previous six months against state median income levels by household size. For example, as of March 2011, a single debtor in Wisconsin could earn a maximum of $40,486. If your median income exceeds the allowed limit, the court will look at your income and expenses to determine whether you have sufficient disposable income to make regular monthly payments on your debts. In some cases, the court may allow you to file Chapter 7 if you fail the means test but are unable to make regular debt payments.

    Filing

    • You may file your bankruptcy petition with the Eastern or Western district court, depending on where you live. You are only required to be represented by an attorney if you wish to use the court's electronic filing system. All filing fees must be paid when you file, unless you plan to petition the court for a waiver or to pay in installments. As of 2011, the filing fees are $299 for Chapter 7 and $274 for Chapter 13.

    341 Meeting

    • Within 20 to 40 days of filing, the court will schedule a 341 meeting, also known as a meeting of creditors. At this meeting, the bankruptcy trustee who is in charge of your case will ask you a series of questions about your income, debts and assets. Your creditors have the right to question you if they attend. If you file Chapter 13, the trustee may also ask questions about the terms of your repayment plan. He will also schedule a separate confirmation hearing, in which the court will either approve or reject your plan.

    Discharge

    • All debtors must complete a second course in financial management within 45 days of filing to receive a discharge. In a Chapter 7 case, discharge typically occurs within two to six months after the meeting of creditors. In a Chapter 13 case, discharge is not granted until the repayment period is complete. The repayment period will last three to five years, depending on the amount of your debt and your income.

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