Bankruptcy exemptions in Wisconsin: what you can keep
Every Wisconsin exemption with its amount and law, plus the federal rules that limit them.
Checked against official sources: October 25, 2026.
Short answer
In Wisconsin you choose state or federal exemptions (exemptions are the property the law lets you keep). Your home (homestead): up to $75,000 per person in your home and the land reasonably needed for it: at least 0.25 acre if available, up to 40 acres.
- Exemption system
- State or federal, your choice
- Car or other vehicle
- Up to $4,000 total in motor vehicles, per person. You can add any unused part of the $12,000 consumer-goods exemption, so up to $16,000 in vehicles if you use none of the consumer-goods exemption.
- Amounts
- Wisconsin Statutes as currently in force: 815.18 last amended by 2023 Wis. Act 246; 815.20 last amended by 2009 Wis. Act 80.
The Wisconsin exemption list
Exemptions are the property the law lets you keep. You pick one whole set: the Wisconsin list or the federal list. You can't mix them.
Law: 11 U.S.C. 522(b)(1)-(2); 11 U.S.C. 522(d)
| What | Wisconsin exemption | Federal exemption |
|---|---|---|
Home (homestead) | Up to $75,000 per person in your home (house, condo, mobile or manufactured home, house trailer or co-op) and the land reasonably needed for it: at least 0.25 acre if available, up to 40 acres. Each spouse may claim up to $75,000 in land owned jointly, in common or as marital property. The exemption does not apply against mortgages, laborers' and mechanics' liens, purchase-money liens and taxes. Temporarily moving out with the intent to return does not end it. If you sell the home, up to $75,000 of the proceeds stays exempt for 2 years while you hold it to buy another home. Law: Wis. Stat. 815.20(1); Wis. Stat. 990.01(14) | $31,575 Law: 11 U.S.C. 522(d)(1) |
Car or other vehicle | Up to $4,000 total in motor vehicles, per person. You can add any unused part of the $12,000 consumer-goods exemption, so up to $16,000 in vehicles if you use none of the consumer-goods exemption. Law: Wis. Stat. 815.18(3)(g), (8) | $5,025 Law: 11 U.S.C. 522(d)(2) |
Household goods and clothing | Up to $12,000 total, per person, in household goods and furnishings, clothing, keepsakes, jewelry, appliances, books, musical instruments, firearms, sporting goods, animals and other personal, family or household property. Also: burial plots and burial items. Law: Wis. Stat. 815.18(3)(a), (d), (8) | Household goods: $800 per item, $16,850 total Jewelry for personal or family use: $2,125 Law: 11 U.S.C. 522(d)(3); 11 U.S.C. 522(d)(4) |
Wildcard (any property) | — | $1,675 plus up to $15,800 of any unused part of the (d)(1) homestead amount Law: 11 U.S.C. 522(d)(5) |
Tools of your trade | Up to $15,000 total, per person, in equipment, inventory, farm products and professional books used in your business (or, instead, up to $15,000 in a closely held business that employs you). Law: Wis. Stat. 815.18(3)(b), (8) | $3,175 Law: 11 U.S.C. 522(d)(6) |
Wages | 75% of your net income for each one-week pay period is exempt, to the extent reasonably necessary to support you and your dependents, but never less than 30 times the greater of the state or federal minimum wage. Spouses cannot combine this exemption in the same income. Outside bankruptcy, at least 80% of disposable earnings is protected from an earnings garnishment, and all of it if your household income is below the poverty line or you receive need-based public assistance. Law: Wis. Stat. 815.18(3)(h), (8); Wis. Stat. 812.34 | — |
Retirement accounts | Retirement plans, pensions, IRAs, Keogh and 401(k) plans and similar plans paying benefits because of age, illness, disability, death or length of service are exempt if the plan complies with the Internal Revenue Code (or meets the other test in the statute). For an 'owner-dominated' plan of a business owner, only what is reasonably necessary for support is exempt. The exemption does not apply to child support, family support or maintenance orders, or divorce judgments. Law: Wis. Stat. 815.18(3)(j) | No dollar limit (IRAs are capped under 522(n)) Money in traditional and Roth IRAs is protected up to $1,711,975 in total. Law: 11 U.S.C. 522(d)(12); 11 U.S.C. 522(n); 90 FR 8941 |
Public benefits | Workers' compensation, unemployment insurance benefits, public assistance grants, veterans' benefits and federal disability insurance (SSDI) payments are exempt. Law: Wis. Stat. 102.27(1); Wis. Stat. 108.13(2); Wis. Stat. 49.96; Wis. Stat. 45.03(8)(b); Wis. Stat. 815.18(3)(ds) | Your right to receive Social Security, unemployment, public assistance, veterans' and disability benefits; alimony and support you reasonably need; and certain pension or annuity payments you reasonably need: No dollar limit (some only as much as you reasonably need) Your right to certain payments: crime victim awards, wrongful-death and life-insurance payments for someone you depended on, personal bodily injury payments (not pain and suffering or actual money losses), and payments for lost future earnings: Crime-victim awards: no limit. Personal injury payment: up to $31,575. Others: as much as you reasonably need Law: 11 U.S.C. 522(d)(10); 11 U.S.C. 522(d)(11) |
Other exemptions |
Law: Wis. Stat. 815.18(3)(k), (8); Wis. Stat. 815.18(3)(c); Wis. Stat. 815.18(3)(i); Wis. Stat. 224.50; 224.48; Wis. Stat. 815.18(3)(f), (o), (p) | An unmatured life insurance policy you own (not credit life insurance): No dollar limit Cash value of life insurance: $16,850 Health aids prescribed by a professional for you or a dependent: No dollar limit Law: 11 U.S.C. 522(d)(7); 11 U.S.C. 522(d)(8); 11 U.S.C. 522(d)(9) |
Amounts: Wisconsin Statutes as currently in force: 815.18 last amended by 2023 Wis. Act 246; 815.20 last amended by 2009 Wis. Act 80. Amounts are not indexed for inflation.
Federal amounts: Amounts in effect for cases filed on or after April 1, 2025 (next automatic adjustment due April 1, 2028)
Law: 11 U.S.C. 104; 90 FR 8941-8942
These amounts are per person. If a married couple files one joint case, each spouse can claim the federal exemptions separately.
The Wisconsin homestead exemption
Up to $75,000 per person in your home (house, condo, mobile or manufactured home, house trailer or co-op) and the land reasonably needed for it: at least 0.25 acre if available, up to 40 acres.
Each spouse may claim up to $75,000 in land owned jointly, in common or as marital property. The exemption does not apply against mortgages, laborers' and mechanics' liens, purchase-money liens and taxes. Temporarily moving out with the intent to return does not end it. If you sell the home, up to $75,000 of the proceeds stays exempt for 2 years while you hold it to buy another home.
Law: Wis. Stat. 815.20(1); Wis. Stat. 990.01(14)
Retirement accounts
Retirement plans, pensions, IRAs, Keogh and 401(k) plans and similar plans paying benefits because of age, illness, disability, death or length of service are exempt if the plan complies with the Internal Revenue Code (or meets the other test in the statute). For an 'owner-dominated' plan of a business owner, only what is reasonably necessary for support is exempt. The exemption does not apply to child support, family support or maintenance orders, or divorce judgments.
Law: Wis. Stat. 815.18(3)(j)
Retirement money in tax-exempt accounts is protected whichever set of exemptions you use (IRAs subject to the 522(n) cap).
Law: 11 U.S.C. 522(b)(3)(C), 522(d)(12), 522(n)
Which state's law applies
You use the exemption law of the state where you lived (your domicile) for the full 730 days (2 years) before you filed. If you moved between states during those 2 years, you use the law of the state where you lived for the 180 days before that 2-year period, or where you lived the longest part of those 180 days.
Law: 11 U.S.C. 522(b)(3)(A)
If this rule leaves you with no exemptions at all (for example, the state's exemptions apply only to its residents and you no longer live there), you can use the federal exemptions instead.
Law: 11 U.S.C. 522(b)(3), flush language
Choosing a set in Wisconsin
In some states you can choose either the state exemptions or the federal exemptions. You must pick one whole set; you cannot mix them. Other states allow only the state exemptions. A married couple filing together must both pick the same set.
Law: 11 U.S.C. 522(b)(1)-(2); 11 U.S.C. 522(d)
In nearby states
- Michigan: State or federal, your choice. Home (homestead): $51,150 in equity, or $76,725 if you or a dependent is 65 or older or disabled (cases filed on or after April 1, 2026).
- Minnesota: State or federal, your choice. Home (homestead): $540,000 in equity, or $1,350,000 if the homestead is used mainly for farming (amounts effective July 1, 2026).
- Iowa: State exemptions only. Home (homestead): unlimited value — up to 1/2 acre inside a city plat, or up to 40 acres elsewhere.
- Illinois: State exemptions only. Home (homestead): $50,000 per person in a home you own or lease and live in (house and land, condominium, mobile home or co-op).
What to do now in Wisconsin
Make a property list
Every item of property goes on Official Form 106A/B.
Compare with the list
Use the Wisconsin table above to see which exemption covers each item and how much.
List the exemptions you claim
Exemptions are claimed on Official Form 106C.
Talk to legal aid
Ask for free help: Legal Aid Society of Milwaukee (Chapter 7 help for low-income Milwaukee County residents; walk-in clinic) and Pro Se Bankruptcy Help Desk (Milwaukee Bar Association volunteers), Thursdays 9:00-10:30 a.m., U.S. Courthouse, 517 E. Wisconsin Ave., Room 153, Milwaukee.
Free help in Wisconsin
- Legal Aid Society of Milwaukee (Chapter 7 help for low-income Milwaukee County residents; walk-in clinic) · 414-727-5300
- Pro Se Bankruptcy Help Desk (Milwaukee Bar Association volunteers), Thursdays 9:00-10:30 a.m., U.S. Courthouse, 517 E. Wisconsin Ave., Room 153, Milwaukee
- Legal Action Wisconsin (free civil legal help for people with low income) · 855-947-2529
- State Bar of Wisconsin Lawyer Referral · 800-362-9082
- Find free legal aid at LawHelp.org
- Eastern District – Court's self-help page
- Western District – Court's self-help page
Questions about exemptions in Wisconsin
Can I use the federal bankruptcy exemptions in Wisconsin?
You can. Wisconsin lets you choose the state exemptions or the federal exemptions in 11 U.S.C. 522(d). You must pick one whole set.
What is the homestead exemption in Wisconsin?
Up to $75,000 per person in your home (house, condo, mobile or manufactured home, house trailer or co-op) and the land reasonably needed for it: at least 0.25 acre if available, up to 40 acres.
Can I keep my car in Wisconsin?
Up to $4,000 total in motor vehicles, per person. You can add any unused part of the $12,000 consumer-goods exemption, so up to $16,000 in vehicles if you use none of the consumer-goods exemption.
What household goods can I keep in Wisconsin?
Up to $12,000 total, per person, in household goods and furnishings, clothing, keepsakes, jewelry, appliances, books, musical instruments, firearms, sporting goods, animals and other personal, family or household property. Also: burial plots and burial items.
What happens to retirement money in Wisconsin?
Retirement plans, pensions, IRAs, Keogh and 401(k) plans and similar plans paying benefits because of age, illness, disability, death or length of service are exempt if the plan complies with the Internal Revenue Code (or meets the other test in the statute). For an 'owner-dominated' plan of a business owner, only what is reasonably necessary for support is exempt. The exemption does not apply to child support, family support or maintenance orders, or divorce judgments.
How much of my pay is exempt in Wisconsin?
75% of your net income for each one-week pay period is exempt, to the extent reasonably necessary to support you and your dependents, but never less than 30 times the greater of the state or federal minimum wage. Spouses cannot combine this exemption in the same income. Outside bankruptcy, at least 80% of disposable earnings is protected from an earnings garnishment, and all of it if your household income is below the poverty line or you receive need-based public assistance.