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Understanding Chapter 128 in Wisconsin: A Safety Net for Wage Earners

Posted by Nathan DeLadurantey | Mar 25, 2024

In times of financial distress, the weight of debt can be overwhelming, especially for wage earners who rely on their income to sustain their livelihood. Fortunately, Wisconsin offers a legal mechanism known as Chapter 128, providing relief and protection for individuals facing financial challenges. In this blog post, we'll delve into what Chapter 128 entails, how it works, and the benefits it offers to wage earners in Wisconsin.

What is Chapter 128? Chapter 128, formally referred to as the Wisconsin Statutes Chapter 128, is a state law designed to provide relief to individuals struggling with debt. It offers an alternative to bankruptcy and allows debtors to restructure their debts without the need for court approval.

How Does Chapter 128 Work for Wage Earners? For wage earners facing financial difficulties, Chapter 128 provides a structured repayment plan that allows them to manage their debts effectively. Here's how it typically works:

  1. Petition Filing: To initiate the Chapter 128 process, the debtor files a petition in the county where they reside. The petition outlines the debts they want to repay. 

  2. Appointment of Trustee: Upon filing the petition, a trustee is appointed to oversee the debtor's financial affairs. 

  3. Creditor Notification: Once the repayment plan is established, the trustee notifies creditors of the proposed plan and provides them with an opportunity to object.

  4. Repayment Plan Approval: If the creditors do not object or if their objections are resolved, the court approves the repayment plan. The debtor then makes regular payments to the trustee, who distributes the funds to creditors according to the plan.

  5. Debt Discharge: Upon successful completion of the repayment plan, remaining eligible debts are discharged, providing the debtor with a fresh financial start.

Benefits of Chapter 128 for Wage Earners: Chapter 128 offers several benefits specifically tailored to wage earners facing financial challenges:

  1. Protection of Income: Unlike bankruptcy, Chapter 128 does not involve the liquidation of assets. This means that wage earners can protect their income and assets while still addressing their debts.

  2. Structured Repayment Plan: The structured repayment plan provided by Chapter 128 allows debtors to manage their debts in a systematic manner, making it easier to budget and plan for future expenses.

  3. Avoidance of Bankruptcy Stigma: Chapter 128 provides an alternative to bankruptcy, which can carry social stigma and have long-term implications for creditworthiness. By opting for Chapter 128, wage earners can address their debts discreetly while avoiding the negative consequences associated with bankruptcy.

  4. Court Oversight: While Chapter 128 provides relief to debtors, it also offers protection to creditors by ensuring that the repayment plan is fair and feasible. The court oversees the process, providing a level of transparency and accountability.

Conclusion: For wage earners in Wisconsin facing financial hardship, Chapter 128 offers a viable solution to manage and alleviate debt. By providing a structured repayment plan and protecting income and assets, Chapter 128 serves as a safety net, enabling individuals to regain financial stability and move forward with confidence. If you're struggling with debt in Wisconsin, exploring Chapter 128 may be the first step 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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