If your wages are being garnished, bankruptcy can stop it immediately. The automatic stay halts all garnishment the instant you file. Here is how it works for Kansas City residents on both sides of the state line.
Under Missouri law, creditors can garnish the lesser of:
| Weekly disposable earnings | $600 |
| 25% of disposable | $150 |
| Amount over $217.50 | $382.50 |
| Maximum garnishment (lesser) | $150/week |
Missouri head of household protections are limited. The federal standard applies.
Kansas follows the same federal standard, but offers additional protection for heads of household:
| Weekly gross earnings | $800 |
| Standard garnishment (25% disposable) | ~$150 |
| Head of household garnishment (10% gross) | $80/week |
Kansas head of household protection is significantly more generous than Missouri.
1File the bankruptcy petition
The automatic stay takes effect the instant the petition is filed with the court. This is not optional or discretionary -- it is automatic under federal law (11 U.S.C. section 362). Emergency filings can be done the same day if urgency requires it.
2Notify your employer and the creditor
Your attorney sends immediate notice of the bankruptcy filing and case number to both your employer and the garnishing creditor. This typically happens the same day as filing.
3Garnishment stops
Your employer is legally required to stop withholding garnished wages. Most employers process this within 1-2 pay periods of receiving notice. Any wages garnished after the filing date may need to be returned.
4Underlying debt is addressed
In Chapter 7, the underlying debt that caused the garnishment is typically discharged within 3-4 months. In Chapter 13, it is included in your repayment plan. Either way, the garnishment does not resume.
Under 11 U.S.C. section 547, payments made to creditors within 90 days before filing may be recovered as "preferential transfers." This includes garnished wages. Here is how it works:
Timing matters. If you know bankruptcy is likely, consult an attorney before the 90-day window closes. The more that has been garnished recently, the more may be recoverable.
The automatic stay under 11 U.S.C. section 362 takes effect the instant you file and prohibits all wage garnishment for pre-bankruptcy debts. Your attorney notifies your employer and the creditor. Your employer must stop withholding. Learn more at garnishedwages.org.
Missouri allows garnishment of the lesser of 25% of disposable earnings or the amount exceeding 30 times the federal minimum wage ($217.50/week). For someone earning $600/week disposable, the maximum is $150/week.
Kansas follows the same federal standard (25% or amount over 30x minimum wage), but provides an additional head of household exemption under K.S.A. 60-2310 that reduces garnishment to 10% of gross wages -- significantly more protective than Missouri.
Possibly. Wages garnished within 90 days before filing may be recoverable as preferential transfers under 11 U.S.C. section 547. The trustee can sue the creditor to return the funds. Timing and amount matter -- consult an attorney promptly.
It stops most, but not all. Child support and alimony garnishment continues during bankruptcy. Criminal restitution and certain tax garnishments may also continue. All other unsecured debt garnishments are stopped immediately.
The automatic stay is effective the instant the petition is filed. Emergency filings can be done the same day. Your employer typically processes the stop within 1-2 pay periods of receiving notice, though the legal obligation to stop is immediate.
Learn more about your options and check your eligibility for bankruptcy relief.
Garnishment Guide Free Discharge Screener