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Navigating Financial Waters: A Guide to Filing Chapter 128 in Wisconsin

Posted by Nathan DeLadurantey | Dec 06, 2023

Facing financial challenges can be overwhelming, but for residents of Wisconsin, Chapter 128 provides a valuable avenue for regaining control of one's finances without the full weight of bankruptcy. In this blog post, we'll guide you through the steps of filing Chapter 128 in Wisconsin, offering insights into the process and empowering you to take charge of your financial future.

  1. Understanding Chapter 128:

Before diving into the filing process, it's essential to understand what Chapter 128 entails. Often referred to as the "Chapter 128 wage earner's plan," it allows individuals to create a manageable repayment plan for their debts while retaining control of their assets.

  1. Eligibility Requirements:

Not everyone is eligible for Chapter 128. To qualify, you must be a resident of Wisconsin, have a reliable source of income, and possess the ability to make regular payments towards your debts. Understanding your eligibility is the first step toward a fresh financial start.

  1. Consulting with an Attorney:

While filing Chapter 128 doesn't require an attorney, seeking legal advice is highly recommended. An experienced attorney can help you assess your financial situation, determine eligibility, and guide you through the filing process. They can also ensure that all necessary paperwork is completed accurately.

  1. Gathering Financial Information:

Before filing, gather comprehensive information about your financial situation. This includes a detailed list of your debts, income sources, living expenses, and any assets you own. Having a clear picture of your financial landscape will streamline the filing process.

  1. Completing the Petition:

To initiate the Chapter 128 process, you'll need to complete a petition. This document outlines your financial situation, including details about your income and debts. It's crucial to be thorough and accurate in providing this information.

  1. Filing the Petition with the Court:

Once your petition is complete, file it with the circuit court in the county where you reside. Filing fees vary by county, so be sure to check with the local court for the applicable fees. Keep in mind that Chapter 128 is a voluntary process, and creditors cannot force you into it.

  1. Creating the Repayment Plan:

As part of the Chapter 128 filing, you'll propose a repayment plan which lasts 3 years. The court will review and, if deemed feasible, approve the plan.

  1. Working with the Trustee:

Upon approval, a trustee will be appointed to oversee your Chapter 128 plan. The trustee collects payments from you and distributes them among your creditors. It's essential to maintain regular communication with the trustee and update them if any changes occur in your financial situation.

  1. Completion of the Plan:

Successfully adhering to the repayment plan over the agreed-upon period will lead to the completion of your Chapter 128 case. Once the plan is fulfilled, you'll be on your way to financial recovery, having satisfied your debts and retained control of your assets.

Conclusion:

Filing Chapter 128 in Wisconsin is a structured and manageable process that provides individuals with a path to financial stability. By understanding the steps involved and seeking legal guidance when needed, you can navigate the complexities of the filing process and embark on a journey toward a brighter financial future.

Attorney Nathan DeLadurantey offers free consultations to explain your legal rights in Wisconsin. Free consultations can be scheduled online. 

About the Author

Nathan DeLadurantey

Nathan DeLadurantey ATTORNEY [email protected] Nathan is a skilled consumer lawyer who handles cases and trials all over Wisconsin. Phone consultations are always free and welcomed. Nathan has helped clients receive large jury verdicts and settlements stemming from consumer law violations, and is ready and able to assist.

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