Bankruptcy and a wage garnishment in Kentucky: what to do
Checked against official sources: Oct 25, 2026
In Kentucky:
- Wage garnishment limit
- Same as the federal limit: up to 25% of disposable earnings, or the amount above 30 times the federal minimum wage ($217.50 a week), whichever is less.
- Where you file
- One of 2 federal districts, by where you live: Eastern District (kyeb.uscourts.gov); Western District (kywb.uscourts.gov)
- Do this now
- Read the garnishment order or your employer's notice: who is garnishing, for what debt, and from which court.
When you file bankruptcy, an automatic stay starts right away: most creditors must stop collection, including wage garnishment, lawsuits, foreclosure, repossession and collection calls. Some collection is not stopped, such as child support and alimony.
More about this
If you had a case dismissed in the past year, the stay may last only 30 days unless the court extends it, and with two or more dismissed cases there may be no stay at all.
General legal information, not legal advice. RobinClaim is not a law firm.
Build your plan
Choose your state and answer 2 quick questions. The plan below changes as you answer: steps that don't fit your answers are hidden, and your state's deadlines appear. Your answers stay in the page address.
Your plan for Kentucky
Do now
Read the garnishment order or your employer's notice: who is garnishing, for what debt, and from which court.
Why: It tells you which creditor would have to stop and which court case is behind the garnishment.
If the garnishment is for child support or alimony, know that bankruptcy usually doesn't stop it.
Why: The automatic stay does not stop collecting child support or alimony (domestic support obligations), and these debts usually stay after bankruptcy (11 U.S.C. 362(b), 523(a)(5)).
Check that your employer is taking no more than your state allows.
Kentucky: Same as the federal limit: up to 25% of disposable earnings, or the amount above 30 times the federal minimum wage ($217.50 a week), whichever is less.
Why: State and federal law cap how much of each paycheck can be garnished for an ordinary debt.
If you had one bankruptcy case dismissed in the past year, talk to a bankruptcy lawyer or legal aid before filing again.
Why: In a new case the automatic stay may last only 30 days unless the court extends it (11 U.S.C. 362(c)(3)).
If you had two or more bankruptcy cases dismissed in the past year, talk to a bankruptcy lawyer or legal aid before filing again.
Why: There may be no automatic stay at all in a new case (11 U.S.C. 362(c)(4)).
Nothing extra here for your answers.
This week
Take the required credit counseling course from a U.S. Trustee-approved agency and keep the certificate.
Why: You must take it within 180 days before you file; without it your case can be dismissed.
Find your state's bankruptcy court for where you live.
Where you file
Kentucky: One of 2 federal districts, by where you live: Eastern District (kyeb.uscourts.gov); Western District (kywb.uscourts.gov)
Why: You file in the federal district where you lived for most of the last 180 days.
Get free or low-cost advice from legal aid or a bankruptcy lawyer before you decide.
Why: Whether bankruptcy fits you, and which chapter, depends on your debts, income and property; we explain the rules, not your choice.
Nothing extra here for your answers.
If it's not resolved
If you file, send the creditor a written notice with your case number, court, filing date and chapter.
Why: Most creditors must stop collecting once you file, and a written notice helps make sure the creditor knows about your case.
Know which debts usually stay after bankruptcy.
Why: Most recent taxes, child support and alimony, most student loans and criminal fines usually are not wiped out.
Nothing extra here for your answers.
Deadlines
Wage garnishment limit
General rule: see state
In Kentucky:
Same as the federal limit: up to 25% of disposable earnings, or the amount above 30 times the federal minimum wage ($217.50 a week), whichever is less.
Law: Ky. Rev. Stat. § 427.010(2) · checked Oct 2026 · Official source
Where you file
General rule: see state
In Kentucky:
One of 2 federal districts, by where you live: Eastern District (kyeb.uscourts.gov); Western District (kywb.uscourts.gov)
Law: 28 U.S.C. 1408 · checked Oct 2026 · Official source
If a case was dismissed in the past year
General rule: One dismissed case: the stay may last only 30 days unless the court extends it; two or more: there may be no stay
Key facts for Kentucky
Bankruptcy Help Map
- Exemptions you use
- State or federal, your choice
- Your home (homestead)
- $5,000 in real or personal property that you or a dependent use as a permanent home in Kentucky, or in a burial plot.
- Where you file
- 2 federal districts: Eastern District, Western District
- Means test median income, 1 person
- $61,652 a year (cases filed on or after April 1, 2026)
Bankruptcy Help Map: Kentucky · checked Oct 2026
Debt Collector Map
- Time limit to sue on a debt
- 10 years (written contract), 5 years (open account)
- Wage garnishment limit
- 25% (federal limit)
Debt Collector Map: Kentucky · checked Oct 2026
Documents to gather
- The garnishment order or notice
- Recent pay stubs showing the amount taken
- Court papers from the lawsuit or judgment
- A list of all your debts with creditor addresses
- Your credit counseling certificate
Where to go
- FederalThe federal bankruptcy court for where you live
Where you file; the court's rules, forms and help for filing without a lawyer
Kentucky: One of 2 federal districts, by where you live: Eastern District (kyeb.uscourts.gov); Western District (kywb.uscourts.gov)
- FederalU.S. Trustee Program: approved credit counseling agencies
Before you file
- FederalLegal aid (Legal Services Corporation finder)
You need free legal help and have low or moderate income
Costs
Court filing fees: Chapter 7 is $338 ($245 filing fee + $78 administrative fee + $15 trustee fee); Chapter 13 is $313 ($235 + $78). The Chapter 7 fee can be paid in up to 4 installments within 120 days (the court can allow up to 180 days for a good reason), or waived if your income is below 150% of the poverty line and you can't pay even in installments. Credit counseling agencies may charge a reasonable fee but must give the course and certificate whether or not you can pay. Bankruptcy Help Map's tables, means test check, checklist and letter are free.
Talk to a lawyer if
- You had a bankruptcy case dismissed in the past year
- The garnishment is for child support, alimony or taxes
- You own a home, a car with equity or other valuable property
- A foreclosure sale or repossession is days away
Free help
Free civil legal aid for people with low income: find your local program through LawHelp.org (lawhelp.org) or the Legal Services Corporation (lsc.gov/about-lsc/what-legal-aid/get-legal-help). Many bankruptcy courts list free help desks and volunteer lawyer programs on their websites, and Bankruptcy Help Map lists free help for each state. Court clerks can't give legal advice.
Guides for your state
Guides for every state
Questions
Wage garnishment limit in Kentucky: what is the rule?
Same as the federal limit: up to 25% of disposable earnings, or the amount above 30 times the federal minimum wage ($217.50 a week), whichever is less. (Ky. Rev. Stat. § 427.010(2))
Where you file in Kentucky: what is the rule?
One of 2 federal districts, by where you live: Eastern District (kyeb.uscourts.gov); Western District (kywb.uscourts.gov) (28 U.S.C. 1408)
When the automatic stay starts: what is the rule?
Right away, when you file
If a case was dismissed in the past year: what is the rule?
One dismissed case: the stay may last only 30 days unless the court extends it; two or more: there may be no stay
Credit counseling: what is the rule?
Within 180 days before you file
When should I talk to a lawyer?
You had a bankruptcy case dismissed in the past year; The garnishment is for child support, alimony or taxes; You own a home, a car with equity or other valuable property; A foreclosure sale or repossession is days away.
How much does it cost?
Court filing fees: Chapter 7 is $338 ($245 filing fee + $78 administrative fee + $15 trustee fee); Chapter 13 is $313 ($235 + $78). The Chapter 7 fee can be paid in up to 4 installments within 120 days (the court can allow up to 180 days for a good reason), or waived if your income is below 150% of the poverty line and you can't pay even in installments. Credit counseling agencies may charge a reasonable fee but must give the course and certificate whether or not you can pay. Bankruptcy Help Map's tables, means test check, checklist and letter are free.
Plans by state
Open the plan with one state's rules filled in:
Sources
- 11 U.S.C. 362 (automatic stay)
- 11 U.S.C. 523 (debts not discharged)
- 11 U.S.C. 109(h) (credit counseling)
- U.S. Courts: filing without an attorney
- U.S. Trustee Program: approved credit counseling agencies
- 15 U.S.C. 1673 (federal garnishment limit)
Plan checked Oct 2026. Independently fact-checked 2026-10-25.
This plan is general legal information, not legal advice. RobinClaim is not a law firm. Laws and deadlines change and have exceptions: check with the official source or a lawyer or legal aid office about your own case. How we research.