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Arkansas Consumer Law Questions & Answers
2 Answers | Asked in Bankruptcy and Consumer Law for Arkansas on
Q: Company I bought mobile home is filing chapter 11 bankruptcy

Yes they are filing bankruptcy and it says in paperwork if I want to be relieved of debt I have to respond to it or file something if I don't want to settle for what they offer in trying to figure out what I should do?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 11, 2023

Your post omits almost all the facts necessary to answer your question.

That said, there are two basic types of Chapter 11 cases: one is a financial reorganization, and the other is a liquidation. Often, in a liquidation, a bankruptcy trustee is appointed, or at least the attorney for the...
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2 Answers | Asked in Bankruptcy and Consumer Law for Arkansas on
Q: Company I bought mobile home is filing chapter 11 bankruptcy

Yes they are filing bankruptcy and it says in paperwork if I want to be relieved of debt I have to respond to it or file something if I don't want to settle for what they offer in trying to figure out what I should do?

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 14, 2023

It's essential to review the bankruptcy documents carefully and consult with a bankruptcy attorney to understand your options. You may need to file a claim in the bankruptcy proceedings to protect your interests and potentially negotiate a better outcome. Make sure to act promptly, as there... View More

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2 Answers | Asked in Bankruptcy, Consumer Law and Small Claims for Arkansas on
Q: If the lien is more than the debt, can the debt be forgiven

I was given an RV that has a lien, the rv has been vandalized severely, making the RV not worth more than the lien. Can the lien be forgiven? I am not sure what to do as I need this RV desperately.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 10, 2023

Assuming that the lienholder properly perfected it lien (easy to do), a bankruptcy filing by its owner will not impair or "forgive" the liened indebtedness.

If you file a Chapter 7 case (the *Desnup* US Supreme Court decision), the bankruptcy has no effect, and the lien cannot be...
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1 Answer | Asked in Car Accidents, Insurance Bad Faith, Personal Injury and Consumer Law for Arkansas on
Q: I was in a automobile accident that was not my fault and I feel like insurance tampered with evidence and had a question

It was told to one of their chosen body / mechanic shops but the mechanic didn't even know it was on the lot the body person looked at a dent on it and said the engine was like it was when I was driving it which is physically impossible because the transmission line had been knocked loose and... View More

Tim Akpinar
Tim Akpinar
answered on May 23, 2023

An Arkansas attorney could advise best, but your question remains open for three weeks. Insurance companies don't have a reason to tamper with cars after an accident - many of the basic facts concerning liability are usually established at the scene. There's a lot of information to sort... View More

1 Answer | Asked in Consumer Law for Arkansas on
Q: I had a credit card judgement placed on me in 2012 for $3.666 and am on ssi, the debt collector placed a lien on my home

Arkansas has a $2500 dollar homestead exemption, I live on 10 acres in an old trailer not worth any value

Mike T. Ramsey
Mike T. Ramsey
answered on Jan 6, 2022

If they took a judgment against you, the judgment acts as a lien against your property. You will not be able to sell the home without paying the lien off. There is a small possibility that they could exercise a sheriff's sale of the property but in my experience, that is unlikely with... View More

1 Answer | Asked in Bankruptcy and Consumer Law for Arkansas on
Q: How can I protect self from a store going bankrupt if they are storing an expensive item for me?

I am purchasing an expensive large item, but it will take 4-8 weeks for the specialized national movers to pick it up. They want full payment now, what can I do to protect myself now, if the dealer goes bankrupt before the movers come?

Cristina M. Lipan
Cristina M. Lipan
answered on Dec 6, 2021

You may consider paying with a credit card and dispute the charges in the event that happens. This may tie up your credit. You might also negotiate timing of the payment. Another option is to perhaps place the funds in escrow pending pick up. You have to discuss with the store to see what they will... View More

1 Answer | Asked in Consumer Law, Estate Planning and Insurance Bad Faith for Arkansas on
Q: My mom passed away in June and incurred 250,000 dollars in medical debt. If I'm making payments can they take my home?

My mom passed away from cirrosis in June and the insurance company denied her claim. Since then My step-dad was trying to be in control of paying the medical bills but he is elderly and received a collection notice from one doctor which means he's missed some of the bills. I'm the... View More

Brandon M Haubert
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Brandon M Haubert
answered on Nov 30, 2021

You need to discuss your options with an Arkansas probate lawyer. Your mother's estate may be insolvent and the bills may not need to be paid. The house may be protected depending on how it was titled. You need to discuss your options with a lawyer. You probably are not liable for any of the... View More

1 Answer | Asked in Consumer Law, Civil Rights, Education Law and Elder Law for Arkansas on
Q: How should I find lawyer for - graduate student in good standing but claiming discrimination - against a university?

Looking for area of law that covers this. Perhaps Education or Consumer Law (?) - covering Title IX and/or VI violations.

Tim Akpinar
Tim Akpinar
answered on Aug 17, 2020

An Arkansas attorney could advise best, but your question remains open for four weeks. There are attorneys who handle cases under those titles - you could start by reaching out to them. Good luck

Tim Akpinar

1 Answer | Asked in Consumer Law, Family Law, Personal Injury and Education Law for Arkansas on
Q: I've looked everywhere just to find if its legal or illegal to have a polyamous marriage in Arkansas?

2 woman and 1 man that love each other so much

Tim Akpinar
Tim Akpinar
answered on May 22, 2020

Polygamy is generally regarded as a crime. This is something a criminal attorney would understand the significance of more so than attorneys in the categories chosen above.

Tim Akpinar

1 Answer | Asked in Consumer Law and Contracts for Arkansas on
Q: why does a bank have right to repossess a vehicle when evidence of payment in full is presented?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Feb 9, 2020

Evidence of payment in full is not the same as actual receipt of payment. If you actually do pay before the bank foreclosure you may have an action for unlawful foreclosure.

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Landlord - Tenant for Arkansas on
Q: I have recieved a code 18-60-304 demanding I leave in 3 days but can not. If I'm not out by the end of the 3 days isnt

That when the sheriff will be called and he will put a 3 day vacate notice? I can be out by then just not the original 3 days posted by apartment complex

Patrick R. Lee
Patrick R. Lee
answered on Sep 6, 2019

This notice is simply the first step a landlord must complete before they file a lawsuit in Court to have you evicted. The sheriff can not and will not do anything until they have a writ of execution from the Court, which is the document that commands the sheriff to forcibly remove you from the... View More

1 Answer | Asked in Consumer Law, Personal Injury, Identity Theft and Legal Malpractice for Arkansas on
Q: How do I accept a lawyer who has refused to return my call?

An out of state attorney who is female and unwilling to represent me. To expand on this misunderstood sentence, she tries to communicate with me in an akward sense, she is being charged. This is due to her not communicating with me only. It is impossibly horrible to expect 'good standing'... View More

Tim Akpinar
Tim Akpinar
answered on Sep 1, 2019

It might be easier to simply start looking for a new attorney in your state. It's anyone's guess as to why they aren't returning calls. Good luck

Tim Akpinar

1 Answer | Asked in Consumer Law, Criminal Law and Banking for Arkansas on
Q: I live in Baxter county,ar and I had a hot check for $44 at harps grocery,now I got arrested, they said it's $341.how

And even if I paid it in full they say I'll still have to go to court for it

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 27, 2019

Sounds like they tacked on $297 for some explainable reason. Probably a statutory minimum penalty plus costs imposed on all bad checks--so the people who write small ones will stop and think if a $44 bad check is worth $341?

ADVISE: Unless you pay the $341 in full and go to court, things...
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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 Consumer Law and Business Law for Arkansas on
Q: Hello, I bought an item from China and paid with PayPal. When I received the item, it was flawed and had missing parts.

I opened a case with PayPal and they make me ship it back and pay for shipping that is $3000. My question is why do I have to lose my own money as it was not my fault that the seller shipped bad items? Should I just accept the loss and ship it back or should I legally try to make the seller pay for... View More

Jingzhan Wang
Jingzhan Wang
answered on Jan 15, 2018

need to check your contract to see what it's provided

1 Answer | Asked in Consumer Law and Collections for Arkansas on
Q: Can my vehicle be taken by credit card company due to default judgement against me?

I have a default judgement against me from the credit card company, Discover.

I am filling out a schedule of assets.

The only thing I own is my vehicle.

Can it be taken from me?

Brandon M Haubert
PREMIUM
Brandon M Haubert
answered on May 23, 2017

You can claim some of your property as exempt from judgment creditors. If your property is does not fall with the judgment creditor exemption, then you may want to file bankruptcy to protect it. In either case, you may want to talk to a lawyer about your situation.

1 Answer | Asked in Contracts, Car Accidents and Consumer Law for Arkansas on
Q: How do I recover items from a towing company that towed my car due to an accident.
Peter N. Munsing
Peter N. Munsing
answered on Jul 16, 2016

I assume you've asked for them. Personal items they should let you have; it'll help if you get your insurance to tell them to let you pick them up. The operating philosophy of towing companies is that they have your car and it' contents to hold as hostage.... View More

1 Answer | Asked in Collections, Consumer Law and Car Accidents for Arkansas on
Q: If insurance allotted $12,500 to fix my damaged car & it only cost $4,000 to repair, can my bank keep the excess money?

This is in the state of Arkansas. The bank I have my car loan through took the excess money ($8500) my car insurance company gave me and applied it to my remaining car loan balance. Is that legal?

Adam Studnicki
Adam Studnicki
answered on Nov 11, 2015

Check the loan paperwork.

1 Answer | Asked in Consumer Law for Arkansas on
Q: If my wife gets the car subject to it's indebtedness what does that mean
Adam Studnicki
Adam Studnicki
answered on Aug 11, 2015

Not sure what you are asking. A local lawyer can advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific...
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1 Answer | Asked in Consumer Law for Arkansas on
Q: Medicade messed up my credit now I cant even see a doctor, is there leagal aid in bentonville or rogers
June Ann Anteski
June Ann Anteski
answered on Feb 24, 2013

Yes, you need to contact Legal Aid of Arkansas. They can do a telephone application for you. Usually, in two weeks, you will get a response back, either an advice letter or a letter notifying you that they will take your case. Good luck.

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