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Arkansas Bankruptcy Questions & Answers
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

1 Answer | Asked in Bankruptcy, Divorce and Collections for Arkansas on
Q: My daughter is getting divorced her car is in husband's name only. is she responsible for the balance if she returns car

The car my daughter is currently driving is financed in her soon-to-be ex-husband's name only. At one point the vehicle was paid off and without her knowledge he refinanced both her car and his truck for purposes of generating capital. The bank has threatened to repossess the car if she does... Read more »

Stefan K. McBride
Stefan K. McBride answered on Jun 5, 2017

Arkansas is not a community property state, but that doesn't change the answer to your question. If her name is not on the car note, she cannot be held responsible for that debt unless the divorce judge makes her responsible. Even in that case, the only person the financing company can come... Read more »

1 Answer | Asked in Bankruptcy for Arkansas on
Q: After recently being discharged from bankruptcy, is it safe to contact past creditors?

I have a judgement against me from 2009, and I am in the 7th year. I'm pretty sure the debt was included in bankruptcy, but I'm not 100% sure. Is it safe for me to contact the lawyer in the original case to check the status and ask them to remove from the credit report, or should I just... Read more »

Brandon M Haubert
Brandon M Haubert answered on Mar 14, 2017

You need to get a copy of your bankruptcy documents to see if it was included in them. Then you need to contact a lawyer.

1 Answer | Asked in Bankruptcy for Arkansas on
Q: chapter 13. coming out of it nationstar says we owe3500 now with a forbearance they say we owe double. do we need a lawy
Brandon M Haubert
Brandon M Haubert answered on Mar 14, 2017

Yes. You should contact a bankruptcy lawyer to help you out.

1 Answer | Asked in Bankruptcy for Arkansas on
Q: If I file bankruptcy will it save my house. My house is in foreclosure due to loans from Wells Fargo and Bank of America
Brandon M Haubert
Brandon M Haubert answered on Mar 14, 2017

If you want to file Chapter 7, then you need to get caught up on your payments in order to keep your house. If you file Chapter 13, then you need to keep up the payment pursuant to the plan.

1 Answer | Asked in Bankruptcy and Real Estate Law for Arkansas on
Q: What can I do if I purchased a house through an owner finance and the owner has filed bankruptcy?

Purchased a house through owner finance with a contract for sale through the title company. I gave the owner a 5k down payment 1 year ago. No I find out she has filed bankruptcy. I'm not sure what to do. Can I get my money back or what? Please help

Terrence H Thorgaard
Terrence H Thorgaard answered on May 3, 2016

You need to see an attorney ASAP. Hopefully, your contract for sale was recorded. If so, you would be a secured creditor.

1 Answer | Asked in Bankruptcy for Arkansas on
Q: Husband and I are on disability anc can t pay ourcredit cards can they put a lien on ourhouse
Andrew Bresalier
Andrew Bresalier answered on Jan 27, 2014

The Credit Card Companies would first have to sue you, then win, then record their judgment(s) in your county. The judgment would be collectible on a first come basis, after your mortgage and any other existing liens.

1 Answer | Asked in Bankruptcy for Arkansas on
Q: If my husband goes to jail what I do about his credit card debts
Andrew Bresalier
Andrew Bresalier answered on Jan 27, 2014

If you wish to "Stand By Your Man", you can pay them, but unless you are on the cards, you are not obligated.

1 Answer | Asked in Bankruptcy for Arkansas on
Q: Can bankruptcy dismiss Irs taxes
Andrew Bresalier
Andrew Bresalier answered on Jan 27, 2014

No, Taxes are NOT Dischargable in a Bky.

1 Answer | Asked in Bankruptcy for Arkansas on
Q: Can I withdraw myself from bankruptcy before the 5 years is completed?
Andrew Bresalier
Andrew Bresalier answered on Jan 27, 2014

Based upon the period described it sounds like you are in a chapter 13. If you stop making payments, the case will be dismissed; however, you will still be obligated for the still outstanding debts, as a discharge will not be granted.

1 Answer | Asked in Bankruptcy for Arkansas on
Q: IF I FILE A CHAPTER 7 CAN THE CREDITORS COME AFTER MY CO SIGNER.
Andrew Bresalier
Andrew Bresalier answered on Jan 27, 2014

Yes. Even though you did a Bky, they can come after the CoSigner.

1 Answer | Asked in Bankruptcy for Arkansas on
Q: Does a Federal court have any Jurisdiction over Bankruptcy issues?
Andrew Bresalier
Andrew Bresalier answered on Jan 27, 2014

Bankruptcy is a Federal Court matter.

1 Answer | Asked in Bankruptcy for Arkansas on
Q: Do I need a bankruptcy lawyer?
June Ann Anteski
June Ann Anteski answered on Feb 23, 2013

Generally, if you find that you do not have enough income coming in monthly to pay your bills, you have reduced your monthly living expenses as much as possible, and you have accumulated a lot of debt from credit cards or medical bills that you have no hope of being able to pay, then you may need... Read more »

1 Answer | Asked in Bankruptcy for Arkansas on
Q: If a person files bankruptcy and was granted discharge on the loan and or debts, how then can he owe again 3 years later
Andrew Bresalier
Andrew Bresalier answered on Aug 3, 2012

Unless you reaffirmed the debt, you do not owe it again. If the debt was collateralized by property, then it still is, and you maybe sued to clear title (in rem), but you are not being sued personally (in personam). If they are going after you personally, and you did not reaffirm, you should... Read more »

1 Answer | Asked in Bankruptcy for Arkansas on
Q: How can I tell if someone filed bankruptcy
Andrew Bresalier
Andrew Bresalier answered on May 4, 2012

To find the Bankruptcy sign up for PACER - a free governmental service, as long as you use less than $10 worth of services in a calendar 1/4. Once signed up, you must log on in the jurisdiction where person is located to research the issue.

1 Answer | Asked in Bankruptcy for Arkansas on
Q: Please provide the file or reference to findWright 339BR474 and 339BR475Bankruptcy Eastern District Arkansas 2006
Andrew Bresalier
Andrew Bresalier answered on Jan 13, 2012

Sign up for PACER at the District Court for the respective jurisdiction. This is a free governmental service, as long as you use less than $10 of services per calendar quarter. Once signed in, pull up the specific case.

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