The 90-Day Preference Window
Under Section 547, money taken from you by a creditor within 90 days before filing bankruptcy may be recoverable as a "preference." This includes wage garnishments, bank levies, and seizures. The amount must exceed $600.
How to Recover It
File an adversary proceeding (a mini-lawsuit within your bankruptcy case) against the creditor. Identify the garnishment amounts, dates, and the creditor who received them. The trustee may pursue this on behalf of the estate, or you may need to file the action yourself.
What You Can Recover
The total amount garnished within 90 days of filing, minus the $600 threshold. If the creditor is an "insider" (family member, business partner), the lookback period extends to one year.
Learn about the automatic stay
Automatic Stay Guide