How to File Emergency Bankruptcy in New York to Stop a Garnishment or Car Repossession

If you’re facing a wage garnishment, a bank account freeze, or a car repossession, time is critical. Fortunately, emergency bankruptcy—also known as a skeleton filing—can offer immediate relief. In New York, this fast-track legal option can stop your creditors in their tracks and give you the breathing room you need to protect your income, your vehicle, and your peace of mind.

Here’s how emergency bankruptcy works and how you can file one quickly.

What Is Emergency Bankruptcy?

Emergency bankruptcy is a way to file a Chapter 7 or Chapter 13 bankruptcy fast, usually with just a few essential documents. It triggers the automatic stay—a powerful legal shield that immediately stops most collection actions, including:

  • Wage garnishments

  • Bank account levies

  • Car repossessions

  • Evictions (in some cases)

The full bankruptcy paperwork is usually due within 14 days of the emergency filing.

When Should You File Emergency Bankruptcy?

You might consider an emergency filing if:

  • Your paycheck is about to be garnished

  • Your car is at risk of being repossessed or has already been towed

  • A marshal or creditor has frozen your bank account

  • You’ve received notice of imminent legal action, like a judgment enforcement

This filing stops the bleeding so you and your attorney can take the next steps strategically.

Step-by-Step: How to File Emergency Bankruptcy in New York

✅ Step 1: Speak with a Bankruptcy Attorney

Emergency filings are technical and time-sensitive. A qualified New York bankruptcy attorney can help you avoid mistakes that could cost you your protection—or even your case.

✅ Step 2: Gather the Minimum Required Documents

To file a skeleton petition, you’ll need:

  • Voluntary Petition (Form 101)

  • Creditor Matrix (a list of all creditors with addresses)

  • Statement of Social Security Number (Form 121)

  • Filing fee or application to waive/installment pay it

These four items are enough to file and activate the automatic stay.

✅ Step 3: File with the Bankruptcy Court

You or your attorney must file these documents with the U.S. Bankruptcy Court for the Southern or Eastern District of New York, depending on where you live. The moment the case is filed, the automatic stay goes into effect.

✅ Step 4: Stop the Creditor Action

Once filed, your attorney can notify your employer’s payroll department, the repo company, or the marshal to stop all collection activity immediately.

✅ Step 5: Complete the Remaining Paperwork

You’ll have 14 days to file the rest of the bankruptcy schedules and documents. If you miss the deadline, your case can be dismissed. Work closely with your attorney to meet all court requirements.

Does Emergency Bankruptcy Really Stop Repossession or Garnishment?

Yes. The automatic stay is a federal court order. It legally prohibits creditors from continuing collection efforts—including wage garnishment and car repossession—as soon as your case number is issued.

Even if the repo already happened, you may be able to get the car back, especially in Chapter 13.

Chapter 7 vs. Chapter 13 in Emergency Filings

  • Chapter 7 is ideal if you have mostly unsecured debt (like credit cards or medical bills) and want a fresh start—but you’ll need to qualify under the means test.

  • Chapter 13 lets you keep your car, catch up on missed payments, and spread out debt over a 3–5 year plan.

An emergency filing can be done under either chapter, depending on your situation.

Need Immediate Help?

At the Law Office of William Waldner, we’ve helped hundreds of New Yorkers stop garnishments and repossessions same day. We know the local rules, the judges, and the strategies to give you fast, effective protection.

📞 Call today for an emergency consultation. If your paycheck or vehicle is at risk, don’t wait. We’re ready to file your case quickly and protect your assets.

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