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Arkansas Questions & Answers
3 Answers | Asked in Bankruptcy for Arkansas on
Q: I’m in a chapter 13 bankruptcy and the deadline for the creditors to file a proof of claim was 10/5/2023 and gov claim

Was 01/23/2024 so today which is 02/23/24 the department of education file a claim a month after the deadline what will happen about this

James L. Arrasmith
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answered on Feb 24, 2024

Since the Department of Education filed their proof of claim in your Chapter 13 bankruptcy case over a month after the January 23, 2024 bar date for government entities, here is what will likely happen:

The claim filed by the Department of Education in February 2023 will almost certainly be...
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3 Answers | Asked in Bankruptcy for Arkansas on
Q: I’m in a chapter 13 bankruptcy and the deadline for the creditors to file a proof of claim was 10/5/2023 and gov claim

Was 01/23/2024 so today which is 02/23/24 the department of education file a claim a month after the deadline what will happen about this

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 23, 2024

From the facts you provide, it appears that as the Ch. 13 debtor in possession, you/your lawyer can file an Objection to the Proof of Claim. So can the Ch. 13 Trustee, or, alternatively, the 13 Trustee can file a Motion for Authority from the Court to pay Claims, showing the DoE claim as getting... View More

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1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Arkansas on
Q: If a person is detained and handcuffed on the ground can a state trooper run up and kick u in the face?can I file lawsui

Somebody was handcuffed and on ground not moving and a state trooper runs up and kicks them n face so hard immediately ambulance was called on scene cae blood was coming out his eye the EMT said take to emergency. Make sure socket wasn't broke and his eye is filled with blood bad this is not... View More

James L. Arrasmith
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answered on Feb 23, 2024

It is never acceptable for law enforcement officers to use excessive force, especially against individuals who are already restrained and not posing a threat. Such actions violate the individual's rights and may constitute police brutality. If you or someone you know has experienced such... View More

1 Answer | Asked in Criminal Law, Employment Law and Civil Rights for Arkansas on
Q: Can a convicted felon get a job somewhere that sells guns?

A friend of mine has applied for a job that sells weapons much like Walmart or any other southern store. He was going to be hired however one of the employees at said store knew of his prior conviction. She stated that she would not work with her due to law stating a convicted felon cannot work... View More

James L. Arrasmith
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answered on Feb 23, 2024

In general, federal law prohibits individuals who have been convicted of a felony from possessing firearms. However, when it comes to employment in establishments that sell firearms, the regulations can vary depending on state laws and the specific policies of the employer. Some states may have... View More

1 Answer | Asked in Civil Litigation for Arkansas on
Q: Can I sue someone for disturbing the peace in Arkansas
James L. Arrasmith
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answered on Feb 23, 2024

In Arkansas, you can take legal action against someone for disturbing the peace under certain circumstances. Disturbing the peace typically involves behavior that interferes with the peace and quiet of others, such as excessive noise, fighting, or disruptive conduct. To pursue a lawsuit for... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: "What justifies ones position of a drug or defines legal positionin the state of Arkansas"

If an unidentified backpack was found in somebody's home containing drugs or a substance of the such who would be considered legally in possession of those in the state of Arkansas

James L. Arrasmith
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answered on Feb 23, 2024

In the state of Arkansas, legal possession of drugs or substances is typically determined by factors such as knowledge, control, and intent. If an unidentified backpack containing drugs or a substance is found in someone's home, several factors would be considered in determining who is legally... View More

1 Answer | Asked in Banking, Civil Rights, Collections and Federal Crimes for Arkansas on
Q: How do I hold a bank liable for money that I reported wasn't authorized but they haven't reimbursed me?

I went to my banks, Regions and First Financial in El Dorado AR., in May of 2021 and told them I had been the victim of data breeches and identity theft in August 2020 and told them there were a lot of unauthorized charges on my account. I signed paperwork at Regions and headed to FFB1, by the time... View More

James L. Arrasmith
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answered on Feb 23, 2024

Facing the challenge of holding a bank accountable for unreimbursed unauthorized charges can be an uphill battle, especially when documentation seems to vanish, and regulatory bodies have not resolved the issue to your satisfaction. It's crucial to persist in your efforts to recover your... View More

1 Answer | Asked in Banking for Arkansas on
Q: What are my Rights to funds in a closed bank account

My account was frozen then closed 9 months ago before my account was closed i uploaded all the information they requested now they are refusing to send my remaining balance until I reupload documents

James L. Arrasmith
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answered on Feb 23, 2024

When a bank freezes and then closes your account, it can be a stressful experience, especially when there are remaining funds that you cannot access. Typically, banks have the right to freeze or close accounts due to a variety of reasons, such as suspected fraudulent activity, non-compliance with... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Arkansas on
Q: In arkansas Is there a way to claim land if is not showing to be anyone on the county records ?
James L. Arrasmith
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answered on Feb 22, 2024

In Arkansas, claiming land that does not appear to be owned by anyone on county records can be a complex and challenging process. However, there are legal mechanisms such as adverse possession that may allow you to claim ownership of land under certain circumstances. Adverse possession typically... View More

1 Answer | Asked in DUI / DWI and Immigration Law for Arkansas on
Q: I am wanting to know about visiting Canada. I had a dui several years ago and have been told I would be denied entry.

Is this true, and if so, is there a way to gain ability to enter the country? I have been to over 20 countries with the majority of them being since having a dui and have not drank per doctor’s directive in several years

James L. Arrasmith
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answered on Feb 21, 2024

It is true that having a DUI on your record could potentially affect your ability to enter Canada. Canadian immigration law considers DUI offenses as serious criminal offenses, and individuals with such convictions may be deemed inadmissible to enter the country. However, each case is evaluated on... View More

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: In Arkansas, when should you take legal action against a landlord regarding a missing deposit?

As of Dec 31, 2023, my lease has been over and I vacated the rental property on Nov 27, 2023. Since a brief discussion on written notice (phrased confusingly in the rental agreement), I have not heard anything from my previous landlord. After a month with no deposit into my account, I reached out... View More

Anthony M. Avery
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answered on Feb 14, 2024

File suit against the exact entity that took your deposit. If there is a term in the lease, then breach of contract. If not, then conversion. But expect that the owner will claim damages to be surcharged against the deposit at trial. Collection of a judgment may require an attorney.

1 Answer | Asked in Family Law for Arkansas on
Q: I removed my name from my child's birth certificate with a recission of paternity form. I wish to have it placed back.

I have court admissible DNA test results. And I and the mother both agree she is my child. What form do I need to turn in to the courts to open a case in which I establish paternity and can have my name put on the birth certificate

T. Augustus Claus
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answered on Feb 13, 2024

In Arkansas, to have your name placed back on your child's birth certificate after a rescission of paternity, you will need to establish paternity through the court. This typically involves filing a petition for the establishment of paternity in the appropriate family court. Since both you and... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: I was passenger of vehicle that got pulled over in Crawford Arkansas owner and driver sign affidavit that I had no know

Knowledge of drugs in his vehicle and he accepted full responsibility to his crime

Richard Lane Hughes
Richard Lane Hughes
answered on Feb 11, 2024

If you were charged with possession it is based upon the legal notion of joint possession. Often prosecutors will charge a passenger or cotenant with knowingly possessing contraband when they are in a reasonable proximity to the substance even if it belongs to another person. The truth is that... View More

1 Answer | Asked in Gov & Administrative Law for Arkansas on
Q: Can a felon be admitted to the bar in Arkansas?
T. Augustus Claus
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answered on Feb 6, 2024

In Arkansas, as in many other states, having a felony conviction does not automatically disqualify an individual from being admitted to the bar and practicing law. The key consideration for admission to the bar for individuals with criminal records, including felonies, is whether the applicant can... View More

2 Answers | Asked in Personal Injury, Car Accidents and Insurance Bad Faith for Arkansas on
Q: The drunk driver insurance company filed bankruptcy. They are the defendant I am the plaintiff, but I was the passenger.

The driver, my ex-boyfriend just got all his medical took care of the lawyer paid and money in his pocket and I was told I’m sorry I don’t know how I can help you now because the other guys insurance company is incomplete bankruptcy. They forgot about my injuries when he turned everything in to... View More

Tim Akpinar
Tim Akpinar
answered on Feb 5, 2024

I'm sorry for your accident and ordeal. There are too many things to sort out here than can be addressed in a brief post. The best thing you can do is to arrange a free initial consult with an attorney. An experienced attorney could examine your matter in more detail - your injuries, the... View More

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3 Answers | Asked in Bankruptcy, Contracts, Foreclosure, Personal Injury and Identity Theft for Arkansas on
Q: How would I go about finding out if someone has married me without me knowing and also taken power of attorney over me

If someone is using my name and social how would I find out how it's being/been used

James L. Arrasmith
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answered on Feb 4, 2024

If you suspect that someone may have married you without your knowledge and obtained power of attorney over you using your name and social security number, it's essential to take immediate action. First, gather any available documents or information related to these concerns. Reach out to your... View More

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1 Answer | Asked in Securities Law for Arkansas on
Q: I have shares from 1939 for bf good rich my grandparents left how do I redeem it I have photos
James L. Arrasmith
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answered on Feb 1, 2024

To redeem shares from 1939 for BF Goodrich that your grandparents left, you'll need to follow these steps:

1. Contact the Company: Start by contacting the company directly, or its successor, that issued the shares. In this case, you should reach out to BF Goodrich or the current...
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1 Answer | Asked in Banking and Business Law for Arkansas on
Q: Is there anything you can do to reclaim money lost in a scam? Or file a loss for the item you paid for but did not get?

The money lost was a loan from the bank. The bank wired the money to the scam account. Money was taken and item was never received. Do banks have some kind of insurance to cover things like this? Can you file a loss/theft with your insurance since you never received the item?

This was a... View More

James L. Arrasmith
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answered on Jan 31, 2024

If you've lost a significant sum of money in a scam where your bank wired the funds to the scammer's account and the item you paid for was never received, there are steps you can take to address this situation. While banks may have fraud protection measures in place, it's essential... View More

1 Answer | Asked in Civil Litigation for Arkansas on
Q: If a vehicle is repossessed by a tow company then vehicle returned to the buyer but personal property was missing

The tow company has my belongings but won't return them what do I need to do to get my personal property back?

James L. Arrasmith
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answered on Jan 31, 2024

If your personal property was missing after your vehicle was repossessed and then returned to you by a tow company, you can take the following steps to get your belongings back:

Contact the Tow Company: Reach out to the tow company that handled the repossession and return of your vehicle....
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1 Answer | Asked in Gov & Administrative Law and Tax Law for Arkansas on
Q: Where could I call and find out all the property in my name threw out the whole country also to find out what bank accou

Accounts for closers and what vehicles are registered in my name and who uses me on there taxes or if I'm on theirs

James L. Arrasmith
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answered on Jan 30, 2024

To gather information about all the properties in your name throughout the country, you would need to conduct a comprehensive property search. This typically involves reaching out to county assessor's offices or tax authorities in each county where you suspect you may have property. You can... View More

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