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Can I Enroll in the Wisconsin Chapter 128 Debt Plan if I’m Not Working?

Written by Steve Rhode

Question:

Dear Steve,

Credit card debt has become unmanageable and debt consolidation interest rates are worse than the actual cards.

Wisconsin Chapter 128 is an option I’m considering. What I’ve read says I need to be employed, however, I receive 100% disability from the Veterans Affairs and the full benefit of Social Security each month. Does this satisfy the employment condition?

James

Answer:

Dear James,

Wow, that’s a great question. The Wisconsin Chapter 128 Bankruptcy Alternative\ plan is an often utilized tool for dealing with debt.

The Chapter 128 solution gives consumers protection from creditors and stops interest from growing on debt without having to file bankruptcy.

According to Wisconsin attorney Nathan DeLadurantey who is familiar with the debt solution, “Unfortunately, the statute uses the phrase “wage earner,” to there’s a strong argument and position that employment is required. With that said, you could file your Chapter 128, truthfully disclose your income situation to the court, and seek permission to continue. I applaud your desire to repay your debts and wish you the best success.”

Please let me know in the comments what you decide to do.

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About the author

Steve Rhode

Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

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