Wisconsin Chapter 7 Means
Test Calculator

The Chapter 7 means test determines whether your household income is low enough to file for Chapter 7 bankruptcy in Wisconsin. Created by the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), the test compares your average monthly income over the past six months to the median income for a household of your size in Wisconsin.

If your income falls below the Wisconsin median, you automatically qualify for Chapter 7 without further analysis.

Wisconsin bankruptcy cases are filed in the Eastern, Western Districts of Wisconsin. The Chapter 7 filing fee is $338, which can be paid in installments or waived for filers below 150% of the federal poverty guidelines.

Wisconsin's bankruptcy filing rate is roughly in line with the national average.

Successfully passing the means test and receiving a Chapter 7 discharge eliminates most unsecured debts — credit cards, medical bills, personal loans, and utility arrears — typically within 3 to 6 months of filing. However, certain debts survive bankruptcy: student loans (absent undue hardship), recent tax obligations, domestic support obligations (child support and alimony), and debts arising from fraud or willful injury.

Key statutory reference: Wis. Stat.

§ 857.05.

Wisconsin bankruptcy cases are filed in the Eastern (Milwaukee/Green Bay) and Western (Madison/Eau Claire) Districts. The U.S.

Trustee's office in Milwaukee (Region 11, which primarily covers Illinois) oversees the Chapter 7 trustee panel for Eastern Wisconsin; Region 12 (Minneapolis) handles Western Wisconsin. Wisconsin allows filers to choose between federal and state exemptions.

Wisconsin's $75,000 state homestead exemption is moderate relative to Milwaukee and Madison home values; the federal $15,075 wildcard is frequently chosen for filers without significant equity. Wisconsin imposes a state income tax (graduated up to 7.65%); state income tax debts for returns filed 3+ years pre-petition are generally dischargeable.

Wisconsin's Chapter 7 filing rate is near the national average.

The U.S. Trustee Program publishes updated median income figures that determine whether you pass the Chapter 7 means test in Wisconsin.

For the current period, the Wisconsin median income thresholds are: $54,276 for a 1-person household, $68,316 for a 2-person household, $80,244 for a 3-person household, and $94,320 for a 4-person household. For each additional household member beyond four, add approximately $9,900 to the 4-person figure.

These figures represent annualized gross income — meaning all income received in the six calendar months before filing, doubled. Income includes wages, salary, tips, overtime, bonuses, self-employment income, rental income, pension distributions, unemployment benefits, and contributions from non-filing household members.

Social Security retirement and disability benefits are excluded from the calculation in most courts, which can significantly help retirees qualify.

Wisconsin's median income thresholds fall near the national midpoint, providing a reasonable baseline for determining Chapter 7 eligibility relative to the state's cost of living.

Earning above the Wisconsin median income does not automatically disqualify you from Chapter 7 — it simply triggers the second part of the means test. In this phase, you subtract IRS-standardized living expenses from your current monthly income to determine your "disposable income." If your monthly disposable income is below $167.08 (approximately $10,025 over 60 months), you still pass the means test and can file Chapter 7.

The IRS expense standards used in the means test include national standards for food, clothing, personal care, and miscellaneous expenses; local standards for housing and utilities based on your Wisconsin county; and local standards for transportation. You also deduct actual secured debt payments (mortgage, car loan), priority debt payments (back taxes, domestic support), mandatory payroll deductions (taxes, Social Security, health insurance), and certain other allowable expenses like child care, health care beyond insurance, and court-ordered payments.

Many above-median filers in Wisconsin still qualify for Chapter 7 after deductions. Homeowners with significant mortgage payments, families with high medical costs, and filers with substantial student loan payments often find their disposable income drops below the threshold.

A bankruptcy attorney can run a preliminary means test calculation to determine whether you'll pass before you commit to filing.

Wisconsin allows bankruptcy filers to choose between the federal exemption system and Wisconsin's state exemptions. This gives Wisconsin residents flexibility to select whichever system protects more of their property.

The federal wildcard exemption of $15,075 (adjustable) can be particularly valuable for filers without significant home equity.

Under Wisconsin's exemption system, the homestead exemption protects $75,000 of equity in your primary residence. The vehicle exemption covers $4,000.

Wisconsin does not offer a general wildcard exemption, so property protection is limited to the specific categories defined by state law. Retirement accounts (401(k), IRA, pension) are fully exempt under federal law regardless of state exemptions, with traditional and Roth IRAs protected up to approximately $1.5 million.

Wisconsin's homestead exemption of $75,000 is relatively modest compared to states like Florida and Texas, which offer unlimited homestead protection. Homeowners with significant equity may want to consult an attorney about whether Chapter 13 would better protect their home.

Filing Chapter 7 in Wisconsin requires completing the means test (Official Forms 122A-1 and 122A-2), gathering financial documentation, taking a credit counseling course from an approved agency, and submitting the bankruptcy petition to the Eastern District of Wisconsin Bankruptcy Court (or the applicable district). The filing fee is $338.

Required documents include 6 months of pay stubs, the most recent tax return, bank statements, a list of all debts, and a complete inventory of assets and property.

Within 30 to 45 days of filing, you will attend a Meeting of Creditors (341 meeting) where the Chapter 7 trustee and any attending creditors can ask questions about your financial situation and petition. In practice, most 341 meetings in Wisconsin last 5 to 10 minutes and creditors rarely appear for consumer bankruptcy cases.

You must bring a government-issued photo ID and proof of Social Security number. After the meeting, you must complete a financial management course (debtor education) before the court will issue your discharge.

The typical Chapter 7 case in Wisconsin takes 3 to 6 months from filing to discharge. Most consumer Chapter 7 cases are "no-asset" cases, meaning the trustee determines that all of the debtor's property is exempt and there is nothing to distribute to creditors.

In asset cases — where the debtor owns non-exempt property — the process takes longer as the trustee liquidates non-exempt assets and distributes proceeds. An experienced Wisconsin bankruptcy attorney can usually predict whether a case will be no-asset before filing.

If you don't pass the Chapter 7 means test in Wisconsin, Chapter 13 bankruptcy offers an alternative path to debt relief. Chapter 13 allows you to keep all of your property while repaying a portion of your debts through a 3- to 5-year payment plan.

The plan duration depends on income: filers below the Wisconsin median income qualify for a 3-year plan, while above-median filers must commit to 5 years. At the end of the plan, remaining eligible unsecured debts are discharged.

Chapter 13 may be preferable to Chapter 7 in Wisconsin even if you pass the means test in certain situations: if you're behind on mortgage payments and want to cure the arrears over the plan period; if you have non-exempt property you want to keep (you can protect it by paying its value to creditors through the plan); if you have debts that cannot be discharged in Chapter 7 (such as certain tax obligations); or if you received a Chapter 7 discharge within the past 8 years.

Before filing any bankruptcy in Wisconsin, consider alternatives such as debt negotiation or settlement, credit counseling and debt management plans, and state law remedies that may protect income and property from creditors. Wisconsin's wage garnishment limits, bank account exemptions, and other debtor protections may provide sufficient relief without bankruptcy.

The pre-filing credit counseling requirement ensures that every filer has explored these alternatives with a certified counselor before proceeding.

If you qualify for Chapter 7 under the means test, the Wisconsin Bankruptcy Exemption Calculator shows exactly which assets you can keep. If Chapter 7 isn't available, the Wisconsin Chapter 13 Payment Plan Calculator estimates your monthly repayment obligation.

And if protecting your home equity is the priority, the Wisconsin Homestead Exemption Calculator covers Wisconsin's specific exemption amount and any acreage or residency limits.