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Requirements for filing Chapter 7 bankruptcy in Wisconsin

Filing for Chapter 7 bankruptcy is a decision that should not be taken lightly. When the decision is made to file in Wisconsin, there are requirements that must be followed by the party filing.

Prior to filing for Chapter 7, you must be able to prove that you received credit counseling from an agency that has been approved by the U.S. Trustee in Wisconsin. This counseling must have occurred within six months prior to you filing for bankruptcy. You will also be required to take a debtor education course.

You will be allowed to choose between Wisconsin state and federal exemptions when filing for Chapter 7. Common exemptions in Wisconsin include child support, alimony, burial property, residential property, motor vehicles, insurance benefits, crime victims' compensation, bank deposits, veterans' benefits, social service payments and more.

There is a $335 filing fee in Wisconsin that must be paid when the party files for bankruptcy. One of the options to paying the fee in full is to pay in installments. This can be done by filing Form 103A. The filing fee can be paid by cash, money order, cashier's check or attorney's firm check. The fee can be waived for some by filing Form 103B.

When filing for Chapter 7 bankruptcy in Wisconsin you must do so in the proper court. There are two federal judicial districts in the state. You are required to file in the district where you have lived for the greater portion of the 180 days prior to filing. If you have not lived there for 180 days, you can file in the district where you maintain your residence. Milwaukee residents must file in the Eastern District of Wisconsin.

Bankruptcy should not be done alone. Legal help is recommended when filing for Chapter 7 bankruptcy in the state of Wisconsin. An experienced bankruptcy attorney can provide guidance.

Source: United States Bankruptcy Court Western District of Wisconsin, "Chapter 7 Filing Requirements," accessed Jan. 24, 2017

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