File Bankruptcy Today. Stop the Garnishment Today.
When a creditor is taking money directly from your paycheck, every day costs you. Bankruptcy's automatic stay is the fastest legal tool available to stop wage garnishment in New York — and it goes into effect the moment your petition is filed with the court.
Automatic Stay Takes Effect the Day You File • Most Cases Discharged in 90 days in the EDNY, SDNY and New Jersey • Home Equity Up to $204,825 Protected for Nassau and Suffolk County Residents • Credit Cards, Medical Bills, Personal Loans, Most Judgments Dischargeable and more • Bankruptcy, Wage Garnishment, and Student Loans Resolved Together
Automatic Stay Takes Effect the Day You File • Most Cases Discharged in 90 days in the EDNY, SDNY and New Jersey • Home Equity Up to $204,825 Protected for Nassau and Suffolk County Residents • Credit Cards, Medical Bills, Personal Loans, Most Judgments Dischargeable and more • Bankruptcy, Wage Garnishment, and Student Loans Resolved Together
What the Florida Divorce Process Looks Like
Understanding how agreement—or conflict—shapes the process.
What Chapter 7 Cannot Discharge
The Automatic Stay Stops Wage Garnishment Immediately
The automatic stay is a federal court order that takes effect the instant your bankruptcy case is filed. It does not require a hearing. It does not require the creditor's agreement. The moment your petition is submitted to the Eastern District of New York, all wage garnishment activity must stop — by law.
That means your employer receives notice, typically within 24 hours of filing, and is legally required to halt any further deductions from your paycheck. Wages withheld from your pay after your filing date are not the creditor's to keep — they must be returned to you.
How We Notify Your Employer and Enforce the Stay
Filing your bankruptcy petition is step one. Making sure your employer receives proper notice is what turns the legal protection into actual relief in your paycheck. We handle this directly.
Once your case is filed, we notify your employer of the automatic stay in writing. This puts your payroll department on clear legal notice that garnishment must stop immediately. If an employer continues to withhold wages after receiving notice of the stay, they are in violation of federal bankruptcy law — and we pursue that on your behalf. The protection is real, and we make sure it holds.
What Happens to Wages Taken After Your Filing Date
The automatic stay is not prospective only — it also covers wages withheld after the date your petition is filed. If your employer deducts garnishment funds from a paycheck that covers a pay period falling after your filing date, those funds must be returned to you.
We identify any post-filing garnishment deductions, document them, and take the steps necessary to recover those wages. Creditors and employers do not get to keep money that was taken in violation of the stay. This is one of the most immediate and concrete forms of relief bankruptcy provides — money back in your pocket, often within days of filing.
Which Type of Bankruptcy Stops Wage Garnishment Fastest
Chapter 7 Bankruptcy
Chapter 7 is the fastest path to stopping wage garnishment for most individuals. The automatic stay goes into effect at filing, and in a straightforward case, the entire bankruptcy process can be completed in three to four months. If you have unsecured debt — credit cards, medical bills, personal loans — Chapter 7 can eliminate that debt entirely, removing the creditor's right to garnish permanently.
Chapter 13 Bankruptcy
Chapter 13 also triggers the automatic stay at filing, stopping garnishment immediately. The difference is structure: rather than discharging debt outright, Chapter 13 reorganizes it into a three-to-five-year repayment plan. This path works well for people who have fallen behind on a mortgage and want to stop both garnishment and foreclosure at the same time, or who have income or assets that make Chapter 7 unavailable.
Which Chapter Is Right for You
The answer depends on your income, the type of debt driving the garnishment, and what other financial pressures you're managing. We go through all of it with you during your free consultation — no time limit, no pressure — so you understand exactly what each option means before you decide anything.
What Bankruptcy Cannot Stop
Not every garnishment is covered. Child support and alimony garnishments are not halted by the automatic stay. Certain government-ordered garnishments may also fall outside its reach. If your garnishment involves any of these, we will tell you clearly and help you understand what alternatives exist — including options available through our wage garnishment practice.
What You Keep: New York's Chapter 7 Exemptions
New York law allows Chapter 7 filers to protect specific categories of assets from liquidation. These exemptions mean that most Nassau County residents who file Chapter 7 keep their home, their car, their retirement savings, and their household property.
- Homestead exemption: Up to $204,825 in home equity protected for most New York residents
- Vehicle exemption: Up to $5,500 in vehicle equity protected
- Retirement accounts: 401(k), IRA, pension, and most qualified retirement accounts are fully exempt
- Household goods and clothing: Protected up to applicable limits under New York law
- Tools of the trade: Equipment used in your occupation, protected up to $3,575
- Wildcard exemption: An additional amount applicable to any property of your choosing
New York also allows filers to choose between
state and federal exemptions — whichever set produces the better outcome for your specific asset profile. Aronow Law reviews both options during your consultation and recommends the exemption set that protects the most.
Why Clients in Nassau and Suffolk County Choose Aronow Law
Stopping a wage garnishment through bankruptcy requires more than just filing paperwork. It requires an attorney who knows how to move quickly, notify the right parties, and follow through until the garnishment is confirmed stopped and any improperly withheld wages are recovered.
- 23 years of continuous practice in bankruptcy and consumer debt law
- We file quickly when urgency demands it — and garnishment always demands it
- Darren speaks personally with nearly every client; you are not handed off to a paralegal to handle your case alone
- Free consultations with no time limit — we take the time to understand your full situation before recommending a path
- Full bilingual support in Spanish, from the first call through the close of your case
- 5-star Google reviews from clients who came in overwhelmed and left with a clear plan
Clients facing garnishment in Nassau County, Suffolk County, and across the New York metro area trust us to move fast and get results.
Frequently Asked Questions About Stopping Wage Garnishment Through Bankruptcy
How fast does bankruptcy stop wage garnishment in New York?
The automatic stay takes effect the moment your bankruptcy petition is filed with the court — there is no waiting period. We typically notify your employer within 24 hours of filing, at which point they are legally required to stop all garnishment deductions immediately.Can I get back wages that were garnished after I filed for bankruptcy?
Yes. Any wages withheld from a paycheck covering a pay period that falls after your bankruptcy filing date must be returned to you. We identify those deductions and take the steps necessary to recover them on your behalf.Does Chapter 7 or Chapter 13 do a better job of stopping wage garnishment?
Both chapters trigger the automatic stay at filing, so both stop garnishment immediately. The better choice depends on your income, the nature of your debt, and your broader financial goals. We walk through both options with you during your free consultation.Will bankruptcy stop a child support garnishment?
No. Child support and alimony garnishments are specifically excluded from the automatic stay. If your garnishment is tied to a family court order, we will explain your options clearly and help you identify the right path forward.What if my employer keeps garnishing my wages after I file?
That is a violation of federal bankruptcy law. Once we have notified your employer of the automatic stay, any continued garnishment is an enforceable legal violation. We pursue that on your behalf and work to recover any improperly withheld wages.
Ready to Stop the Garnishment? Let's Talk Today.
Every paycheck that passes with an active garnishment is money you cannot get back. The automatic stay in bankruptcy is immediate, and we are ready to file quickly when your situation calls for it. Call us at 516-762-6700, or use the form below to schedule your free consultation. We serve clients throughout Nassau County, Suffolk County, and the New York metro area — and we are available Monday through Friday until 8:00 p.m. and Saturdays until 4:00 p.m.
