Section 128 Compared to Chapter 13

When it comes to dealing with debt, many options are available here in Wisconsin, including debt consolidation. Two of the most popular forms of consolidation are Chapter 13 Bankruptcy and a unique Wisconsin Statue called Section 128. While both options allow many to repay obligations over time and get debt free, there are notable differences between the two.

Understanding Section 128

Section 128 is a right arising under state law. It allows Wisconsin residents who are working to avoid the stigma of bankruptcy and re-pay their debts without interest over a term of 3 years. It can be used to pay-off most unsecured debts, such as payday loans, medical bills, unsecured signature loans and credit cards and it prevents these creditors from garnishing wages.

If you are behind on a secured loan such as a car loan or mortgage, Section 128 will not prevent the secured creditor from repossessing their collateral or from foreclosing on their lien. One who files 128 is not required to include all their debt in the repayment plan and can exclude a debt from the plan, such as a credit card, and continue credit card privileges with the excluded creditor.

Understanding Chapter 13

Chapter 13 bankruptcy is a consolidation governed by federal law. Many find their monthly payment under Chapter 13 is lower than under Section 128. This is because Chapter 13 gives you more time (up to 5 years) to re-pay your debt and, in many cases, allows you to discharge a portion of the debt you owe. Whether you stand to discharge all, some or none of your debt typically depends on your income and assets.

Chapter 13 also stops secured creditors from repossessing their collateral and foreclosing on their lien. In the case of a delinquent mortgage, you can give yourself 3-5 years to re-pay the arrears you owe. In the case of other secured loans, like a car loan, you can pay what you owe over time and on terms that are more favorable for you. Federal law requires you to disclose all your creditors when you file Chapter 13.

Contact a Milwaukee Bankruptcy Lawyer to Help You

If you are having debt problems, seek the advice of an experienced Wisconsin Attorney. At Sapinski Law Office, S.C. we will help you review all your options, including Section 128 and Chapter 13, and help you determine what is best for you and your family. All you have to do is contact us by calling (888) 782-9423 today!