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Arkansas Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Arkansas on
Q: Can a friend buy your assets from the bank in a Chapter 7 bankruptcy case and then sell them back to that person.

If person "A" makes an agreement with a friend (Person "B") to purchase his assets in a chapter 7 bankruptcy case for an amount lower than the total debt, can Person "A" then come back and retain ownership of the assets after the bankruptcy case is settled?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Oct 14, 2020

When a Chapter 7 bankruptcy case is filed, a bankruptcy estate, consisting of all the property and interests in property of the debtor, is created, and the Ch. 7 Trustee has the sole power to deal with those estates. The exception is the debtor's "exempt property", which is... Read more »

1 Answer | Asked in Bankruptcy, Estate Planning, Foreclosure and Tax Law for Arkansas on
Q: My father recently passed unexpectedly. How do i find locate his debt/investments?
Rose Blondin Shea
Rose Blondin Shea answered on Aug 24, 2020

I would keep an eye on any mail that comes in his name. Most likely they will mail him something at some point at which time you can contact them. Also look for any estate plans that he has in his home perhaps in a safe or filing cabinet. If he has an estate plan you can also try to contact the... Read more »

1 Answer | Asked in Bankruptcy, Civil Rights and Landlord - Tenant for Arkansas on
Q: What is Washington county Arkansas eviction notice due to the covid-19

I have been unable to find work in the construction field during this epidemic and have had to carpal tunnel procedures gun before that and have not been able to work being the only provider in the house I have fell behind on rent

Phil Cardis
Phil Cardis answered on Jul 5, 2020

It appears that Bankruptcy may be a viable option as many grapple with Covid impacts right now. Many states and local governments stayed evictions due to the pandemic so that may be applicable in some manner.

It would be best to consult with a BK attorney to explore what options are best...
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2 Answers | Asked in Bankruptcy for Arkansas on
Q: car lot came got my car. now there is lawsuit. not served me papers but heard they left papers at old house.

I have no money as im going through hard time what do I do?chapter 7 bankrupcy help me?

Timothy Denison
Timothy Denison answered on Apr 21, 2020

Probably. You should consult a bankruptcy attorney who can review your entire financial situation and advise you from there.

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2 Answers | Asked in Bankruptcy for Arkansas on
Q: What is the most you can make income wise to file for a chapter 7 bankruptcy in Arkansas?

My gross adjusted income was 88,000. I have 3 children and take care of my 2 in-laws. I have unsecured debt of about $150,000. My bills are current only because I move money around to make all the payments but no matter how much I work and overtime I put in, the debt keeps climbing.

Brandon M Haubert
Brandon M Haubert answered on Nov 22, 2019

There is not a direct answer on that. For a household 6 the income is median income is $84,541. If you are above that income (which you are) you are subject to (you must take and pass) the means test to file Chapter 7. We could run the means test calculation and see of you passed (Ch 7) or failed... Read more »

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2 Answers | Asked in Bankruptcy for Arkansas on
Q: I'm being sued an think it's unfair an trying make me pay far more than owed an want file bankruptcy to stop it

Because I'm a single mother an if they garnish my wages I won't survive the reason behind the law suit is 2 cars got repossessed one because I lost my job at the time an 2 I was trying help my daughter who was in college an just got behind I'm human it happens n people like this... Read more »

Brandon M Haubert
Brandon M Haubert answered on Mar 26, 2019

You need to call a bankruptcy lawyer. Filing bankruptcy will help with all the issues you mentioned in your question.

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Q: Can you file on criminal fines? Like misdemeanor Charges?

Yes sir my name is Todd Buie. Got a quick question??? I have $7,000 in old fines, $13,000 in student loans from 6 years ago, an about $9,000 in medical bills. All this stuff is from around 2012. I got into some trouble an had to do around 3 years in prison. I been out for a couple years, no trouble... Read more »

Timothy Denison
Timothy Denison answered on Mar 22, 2019

You cannot discharge the old fines not can you discharge the student loans. The medical bills should be dischargeable.

3 Answers | Asked in Bankruptcy for Arkansas on
Q: My mom passed with no will I'm bout to lose her house to foreclosure can I file bankruptcy to save house
Timothy Denison
Timothy Denison answered on Feb 7, 2019

Possibly, yes, depending on the circumstances. You should contact a competent practitioner to review all hour options.

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1 Answer | Asked in Bankruptcy for Arkansas on
Q: Is it possible to file bankruptcy on an endowment loan my son used for welding school?

His granddad took out this endowment before he died. My son also signed for this loan bc he couldn't get a loan approx $18,000 for 9 month trade school for welding. They are garnishing my son's weekly check 1/3 of it he barely can make it now financially. Can he file bankruptcy in... Read more »

Timothy Denison
Timothy Denison answered on Dec 7, 2018

Possibly. You need to have your son consult an experienced bankruptcy attorney to handle this. He can NOT do tho himself.

1 Answer | Asked in Bankruptcy for Arkansas on
Q: Do I need a lawyer to file Chapter 7 Bankruptcy? How do I obtain the paperwork to file for Bankruptcy?

How much does it cost to file Bankruptcy? How long does it take for the Bankruptcy case to clear?

Timothy Denison
Timothy Denison answered on Oct 23, 2018

Yes. Your lawyer will provide it. Filing fee is $335. 90-120 days from filing.

1 Answer | Asked in Bankruptcy for Arkansas on
Q: I filed ch13 three years ago and recently converted to 7.

There were two ATV’s included. One of which was to be picked up, years gone by no word I thought they picked it up and I’ve moved. The atv was left at a house that I no longer have contact with that person. Now they are calling again, but I don’t know what happened to it. So what will happen... Read more »

Timothy Denison
Timothy Denison answered on Oct 23, 2018

If you cannot produce the collateral, you may have to pay the fair market value for ito loss.

2 Answers | Asked in Bankruptcy for Arkansas on
Q: I have a chapter 13 that I can not pay it will be discharged in 30 days. What should I do
Timothy Denison
Timothy Denison answered on Oct 7, 2018

Consult and attorney about converting to a chapter 7.

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1 Answer | Asked in Bankruptcy for Arkansas on
Q: Took former employer to small claims court for not paying last check, she then files bankruptcy. Can anything be done?

None of her other employees missed a check. She held check for over 3 months. We filed in small claims court. When she came to court, she told the judge she had his check, but filed for bankruptcy. Judge would not hear anything else. Bankruptcy has been discharged. Can she be held accountable thru... Read more »

Timothy Denison
Timothy Denison answered on Sep 1, 2018

Everyone should have been given notice of the bankruptcy and an opportunity to appear. Employee wages are generally not dischargeable as a Schedule E debt.

1 Answer | Asked in Bankruptcy for Arkansas on
Q: If I received a discharge for my ch 7 Jan of 2018, but in april I receive a letter from irs sayin I owe money for 2016

Can I add that to my ch7?

Timothy Denison
Timothy Denison answered on Aug 29, 2018

Depends on the date of the taxes.

1 Answer | Asked in Bankruptcy for Arkansas on
Q: I filed for Chapter 13 in Arkansas. My creditor is still continuing to drive on my property and harass me.

He continues to harass my spouse and I. Today, he yelled at my wife and nailed a For Sale sign on our front gate.

Is this legal?

Timothy Denison
Timothy Denison answered on Aug 21, 2018

No. It is a violation of the automatic stay and you should ask the court to sanction him.

1 Answer | Asked in Bankruptcy, Civil Litigation and Civil Rights for Arkansas on
Q: A franchiser I had services with closed. My services with them didn't finish, what should I do? I paid upfront.

I have contacted them and they have told me they can't reimburse me any money back. It was a laser treatment I had purchased in advance. They charged me over $900 for 6 sessions, only 2 were completed.

Timothy Denison
Timothy Denison answered on Jul 31, 2018

If the franchiser has filed bankruptcy, all you can do is file a proof of claim. If they have not filed bankruptcy, you can go file a criminal complaint for theft by failure to make required disposition of property.

1 Answer | Asked in Bankruptcy, Foreclosure and Real Estate Law for Arkansas on
Q: Can a bankruptcy stop a foreclosure/ eviction after it has been lost?

I have a (trailer) renter who was being faced with foreclosure back in may and lost. Well in June the same renter filed for bankruptcy. Now the mortgage company won't come for the trailer since it's in bankruptcy. Is there anything I can do?

Timothy Denison
Timothy Denison answered on Jul 11, 2018

No. It might slow it down temporarily, but only temporarily, especially where the property has already been lost.

1 Answer | Asked in Bankruptcy and Collections for Arkansas on
Q: If a judgement has been placed against someone and the person does not work what happens?

A judgement has been placed against me from a nursing home. The want my bank information, my car information, what I own (which I do not own any property other than my car), and what is property that is exempt. I am a full time college student and my husband is the only income we have. My dad was... Read more »

Timothy Denison
Timothy Denison answered on Jun 9, 2018

If you don’t work and don’t have any income, it is very difficult for them to take anything from you.

1 Answer | Asked in Bankruptcy and Consumer Law for Arkansas on
Q: Seterus wAs told by our bankruptcy court to reduce our payments. They haven't and their attorney will not respond
Timothy Denison
Timothy Denison answered on Apr 21, 2018

Seterus is a garbage entity. If they don’t respond, move to hold them in contempt and for attorney fees. You’ll be surprised at how quickly they respond then...

1 Answer | Asked in Bankruptcy for Arkansas on
Q: I am filing bankruptcy and need a new car

Should I buy a new car before I file chapter 13? I really need a new one mine is fixing to go out.

Stuart Nachbar
Stuart Nachbar answered on Dec 13, 2017

I would recommend trying to get the new car and then Reaffirm the Debt to the financing Company. Try and hold off on filing 60 days, so there are at least two payments to show good faith

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