Emergency Bankruptcy Filing in Arizona: Stop Wage Garnishment & Foreclosure Fast

Last Updated: February 14, 2026
Reading Time: 8 minutes
Author: Arizona Bankruptcy Attorney Network

When Every Hour Counts: Understanding Emergency Bankruptcy

Sometimes, waiting isn't an option. If you're facing imminent wage garnishment, a foreclosure sale tomorrow, or your bank account has been frozen, you need the protection of bankruptcy court immediately.

The good news: Arizona allows emergency bankruptcy filings (also called "skeleton filings") that can trigger the automatic stay and stop creditor actions within 24 to 72 hours.

Facing Immediate Action?

Emergency bankruptcy can stop garnishment, foreclosure, and repossession within days. If you have a garnishment starting or foreclosure scheduled this week, time is critical.

Get Emergency Help Now

What Is an Emergency Bankruptcy Filing?

An emergency bankruptcy filing allows you to file a simplified petition with just the essential documents to immediately invoke the bankruptcy court's protection. You then have 14 days to submit the remaining required paperwork.

The Skeleton Filing Includes:

Voluntary Petition (Form 101) — Basic identifying information
Credit Counseling Certificate — Or motion for exemption if you couldn't complete it
Filing Fee ($338 for Chapter 7, $313 for Chapter 13) — Or fee waiver application
Exhibit D — Social Security number verification
Statement of Social Security Number (Form 121)

That's it. With these documents, you receive an immediate automatic stay.

What the Automatic Stay Stops Immediately

The moment your emergency petition is filed, the automatic stay goes into effect. This federal court order prohibits creditors from:

✅ Wage Garnishment

Stops immediately — Your employer must cease withholding once notified
Already garnished funds may be recoverable if taken within 90 days of filing
Future paychecks are fully protected

✅ Foreclosure Sales

Scheduled sales are halted — Even if scheduled for tomorrow
Trustee sales in Arizona must be postponed
You keep your home while the bankruptcy is active

✅ Bank Account Levies

Frozen accounts released — Banks must unfreeze accounts upon notice
Future levies prohibited — Creditors cannot seize funds

✅ Repossession

Vehicle repossession stopped — Even if the repo agent is on the way
Already repossessed vehicles may be recoverable if filed quickly

✅ Utility Shutoffs

Electricity, gas, water — Services must be maintained
Already disconnected — Must be reconnected within 20 days

✅ Eviction Proceedings

Current eviction actions are stayed
Landlords cannot begin new eviction proceedings for past-due rent

The 14-Day Countdown: Completing Your Filing

After your emergency filing, the clock starts ticking. You have exactly 14 days to file the remaining documents, or your case will be dismissed and the automatic stay lifted.

Required Follow-Up Documents:

Financial Schedules:

Schedule A/B: Property and assets
Schedule C: Property exemptions (Arizona-specific)
Schedule D: Secured creditors
Schedule E/F: Unsecured creditors
Schedule G: Leases and executory contracts
Schedule H: Co-debtors
Schedule I: Income
Schedule J: Expenses

Additional Forms:

Statement of Financial Affairs (SOFA)
Means Test (Form 122A-1 and 122A-2 for Chapter 7)
Chapter 13 Plan (if filing Chapter 13)
Attorney disclosure and retainer agreement (if represented)

Critical Deadline

If you miss the 14-day deadline, your case is dismissed automatically. The court may grant a short extension for good cause, but don't count on it. File complete documentation as soon as possible.

Chapter 7 vs Chapter 13 Emergency Filings

| Factor | Emergency Chapter 7 | Emergency Chapter 13 | |--------|---------------------|----------------------| | Timeline | Discharge in 3-4 months | 3-5 year repayment plan | | Best For | Stopping garnishment quickly | Stopping foreclosure, keeping home | | Income Limit | Must pass means test | Regular income required | | Asset Risk | Non-exempt assets may be sold | Keep all property | | Completion | File schedules in 14 days | File plan + schedules in 14 days |

When to Choose Emergency Chapter 7:

Primary goal is stopping wage garnishment
You qualify under the means test
You have limited assets or all assets are exempt
You want a fresh start quickly

When to Choose Emergency Chapter 13:

You're behind on mortgage payments
You want to save your home from foreclosure
You have valuable non-exempt assets to protect
You have regular income to fund a payment plan

Arizona-Specific Considerations

Arizona Exemptions Protect Your Property

Even in an emergency filing, Arizona's generous exemption laws protect most filers' property:

Home Equity: Up to $250,000 ( homestead exemption) Vehicle Equity: Up to $6,000 ($12,000 if disabled) Household Goods: Up to $6,000 total Tools of Trade: Up to $5,000 Wedding Rings: Up to $2,000 Bank Account: Up to $300

Most emergency filers keep all their property.

Maricopa County Filing Procedures

Phoenix Division Courthouse:

230 N First Avenue, Phoenix, AZ 85003
Hours: 8:00 AM - 5:00 PM Monday-Friday
Emergency filings accepted until 4:30 PM

Electronic Filing (Recommended):

File 24/7 through CM/ECF system
Immediate case number and automatic stay
No need to visit courthouse

Tucson Division (Pima County)

38 S Scott Avenue, Tucson, AZ 85701
Same hours and emergency procedures

Real-World Scenarios: When Emergency Filing Saves the Day

Scenario 1: The Monday Morning Garnishment

Situation: Maria received notice her wages would be garnished starting next Monday—25% of her paycheck.

Action: She filed an emergency Chapter 7 petition on Friday afternoon.

Result: The automatic stay stopped the garnishment before it started. She completed her schedules within 10 days and received her discharge 4 months later, eliminating $42,000 in credit card debt.

Scenario 2: The Foreclosure Sale Thursday

Situation: James was 4 months behind on his mortgage. The trustee sale was scheduled for Thursday morning.

Action: He filed an emergency Chapter 13 petition on Tuesday.

Result: The sale was automatically postponed. His Chapter 13 plan included mortgage arrears, and he kept his home while catching up over 5 years.

Scenario 3: The Frozen Bank Account

Situation: Sarah woke up to find her checking account frozen—$3,200 seized by a judgment creditor.

Action: She filed an emergency Chapter 7 petition the same day.

Result: The bank released the frozen funds upon receiving bankruptcy notice. Because the money was garnished within 90 days of filing, she recovered the full amount.

Costs of Emergency Bankruptcy in Arizona

Court Filing Fees:

Chapter 7: $338 (cannot be paid in installments for emergency filings)
Chapter 13: $313

Attorney Fees for Emergency Filings:

Most Arizona bankruptcy attorneys charge a premium for emergency filings due to the compressed timeline:

Emergency Chapter 7: $1,500 - $4,000
Emergency Chapter 13: $3,500 - $7,000

The higher cost reflects:

Immediate availability and rush preparation
Weekend or after-hours work
Expedited document review
Higher risk of errors under time pressure

Fee Waivers:

If your income is below 150% of the federal poverty guidelines, you may qualify for:

Full fee waiver (Form 103B)
Installment payments (Form 103A)

However, emergency filings typically require the full fee upfront.

Common Mistakes in Emergency Filings

❌ Missing the 14-Day Deadline

The most common error—file your complete schedules as soon as possible. Don't wait until day 13.

❌ Incomplete Creditor List

Missing creditors means they may not be bound by the discharge. Include all debts, even ones you plan to keep paying.

❌ Incorrect Exemptions

Using the wrong exemption amounts can cost you property. Arizona has specific exemption values—use them correctly.

❌ Hiding Assets

Emergency filings receive extra scrutiny. Never conceal assets—it's bankruptcy fraud, a federal felony.

❌ Filing Without Legal Help

While possible, emergency DIY filings have higher dismissal rates. An experienced Arizona bankruptcy attorney ensures deadlines are met and paperwork is correct.

The Step-by-Step Emergency Filing Process

Step 1: Gather Immediate Information (Hour 1)

Social Security card
Pay stubs (last 60 days)
Tax return (most recent)
List of creditors (even approximate)
Credit counseling certificate

Step 2: Prepare Skeleton Petition (Hours 2-4)

Complete Form 101 (Voluntary Petition)
Complete Form 121 (SSN Statement)
Complete Exhibit D
Prepare credit counseling certificate

Step 3: File with Court (Hour 5)

Submit to bankruptcy court (in person or CM/ECF)
Pay filing fee or submit waiver
Receive case number immediately

Step 4: Notify Key Parties (Hours 6-24)

Notify employer's payroll (for garnishment)
Notify mortgage servicer (for foreclosure)
Notify bank (for levies)
Notify auto lender (for repossession)

Step 5: Complete Full Schedules (Days 2-10)

Work with attorney to complete all schedules
Gather supporting documentation
Review for accuracy
File within 14 days

After the Emergency Filing: What Happens Next

The 341 Meeting of Creditors

Approximately 30 days after filing, you'll attend a brief meeting with the bankruptcy trustee. In Arizona, these are currently held:

Phoenix: In-person or telephonic
Tucson: In-person or telephonic

The trustee will ask about your assets, income, and debts. Your attorney attends with you.

Chapter 7 Timeline:

File: Emergency petition filed
14 days: Complete schedules due
30 days: 341 meeting of creditors
60 days: Deadline for creditor objections
3-4 months: Discharge entered

Chapter 13 Timeline:

File: Emergency petition filed
14 days: Complete schedules and proposed plan due
30 days: 341 meeting of creditors
45 days: First plan payment due
Confirmation hearing: Judge approves plan (60-90 days)
3-5 years: Complete plan payments, discharge entered

FAQ: Emergency Bankruptcy in Arizona

How fast can I file an emergency bankruptcy?

With an attorney, an emergency filing can be completed same day or within 24 hours. DIY filers may take 2-3 days to prepare the skeleton petition.

Will the automatic stay stop an eviction?

It depends. If you have a judgment for possession and the landlord has certified this to the court, the automatic stay may not apply. However, if the eviction is for past-due rent only, the stay typically halts it.

Can I file emergency bankruptcy on the weekend?

Electronic filing (CM/ECF) operates 24/7. You can file anytime, including weekends and holidays, and receive immediate protection.

What if I can't afford the filing fee?

You can apply for a fee waiver (Form 103B) if your income is below 150% of federal poverty guidelines, or request installment payments (Form 103A). However, some courts require the full fee for emergency filings.

How do I notify my employer to stop garnishment?

Provide your employer's payroll department with:

Your bankruptcy case number
The date of filing
A copy of the Notice of Bankruptcy Filing (Form 309)

Most employers stop garnishment immediately upon receiving notice.

Can I convert from Chapter 13 to Chapter 7 later?

Yes. If your circumstances change, you can convert a Chapter 13 to Chapter 7. However, you must still pass the means test at the time of conversion.

When Emergency Bankruptcy Isn't the Right Choice

Emergency bankruptcy is powerful, but not always appropriate:

Consider Alternatives If:

You have no immediate threat — A regular filing gives you more time to prepare
Your debt is less than $10,000 — Negotiation or settlement may be better
You're expecting a large tax refund — The trustee may take non-exempt refunds
You recently transferred assets — Wait 2+ years if you gave away property
You filed bankruptcy recently — Previous filings may limit automatic stay

Getting Help with Your Emergency Filing

Emergency bankruptcy is high-stakes and time-sensitive. An experienced Arizona bankruptcy attorney can:

✅ Prepare accurate skeleton filings within hours
✅ Ensure you meet the 14-day deadline
✅ Protect maximum assets using Arizona exemptions
✅ Coordinate with trustees and creditors
✅ Navigate complex situations (business ownership, recent transfers)

Need Emergency Bankruptcy Protection?

If you're facing garnishment, foreclosure, or repossession within days, we can connect you with an Arizona bankruptcy attorney who handles emergency filings.