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Arkansas Bankruptcy Questions & Answers
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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2 Answers | Asked in Bankruptcy and Banking for Arkansas on
Q: Can a bank lawfully withhold the title of my car.if the chapter 13 was dismissed..and the bank wrote the loan off
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Aug 1, 2022

Yes. Until the underlying debt is fully paid, the bank can retain the title.

When a bankruptcy case is dismissed, all debt obligations are treated as if the bankruptcy never happened.

In addition, the grant of a discharge in a bankruptcy case (you didn't get that far)...
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1 Answer | Asked in Bankruptcy, Divorce, Family Law and Foreclosure for Arkansas on
Q: Howdo I get a dismissed petition chapter13 bankruptcy removed frm my credit report if the filing information wasn't mine

I need help in regards a chapter 13 bankruptcy that all the debts were in ex spouses name but they filed it in my name. Hes Scott free and now they are foreclosing, and I'm still co borrower on the mortgage. How can I do I fix this for my future. Divorce is pending.

Timothy Denison
Timothy Denison
answered on Mar 10, 2023

Contact all three credit bureaus and advise them of the error and provide them with the documentation necessary to correct it. Usually takes about 30-45 days to get corrected.

1 Answer | Asked in Bankruptcy for Arkansas on
Q: I want to stop chapter 13, my hubby doesn't. Would our 2 vehicles in both names be included if I stop my part?

We have 2 vehicles in both our names. We would like to leave them in the chapter 13, however I want to stop my part in this. Would they both be able to stay included in the bankruptcy?

Timothy Denison
Timothy Denison
answered on Jul 19, 2022

Yes, although the specifics of how would still need to be resolved by your bankruptcy attorney.

1 Answer | Asked in Bankruptcy for Arkansas on
Q: Can my attorney be held liable if he wrongly advised me to file bankruptcy?

After a divorce I ended up with half of the debt that I couldn’t pay for with my regular income so I asked an attorney if I should file bankruptcy, or not file and just use an annuity to pay off the debt. He advised me to keep the annuity and file bankruptcy. The judge ended up using my annuity... Read more »

Timothy Denison
Timothy Denison
answered on Feb 24, 2022

Most likely not. Did you hire him for the bankruptcy or was this solicited advice given freely?

1 Answer | Asked in Bankruptcy for Arkansas on
Q: Got a paper that I'm pretty sure it's legitimate it's stamped by the court but there's no court date on

I'm waiting for my income to change to get a free lawyer I need to go to court and plead not guilty or whatever against these accusations so they can't just enter a judgment but there's no court date or time on this paperwork.

How do I find if I have a court date or who to... Read more »

Timothy Denison
Timothy Denison
answered on Jan 3, 2022

Call the court clerk in your county and they can tell you if you have a pending court date.

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... Read more »

1 Answer | Asked in Bankruptcy and Civil Litigation for Arkansas on
Q: Is bankruptcy the best option? If so, which chapter? And do we have to hire a bankruptcy lawyer?

My fiancé and I got into a car accident- we rear ended the person in front of us. It’s was a simple fender bender and even in the police report they estimated the damages of the other person’s car at $3,000 with no injuries. Well we didn’t have insurance. Now the person we hit and his... Read more »

Timothy Denison
Timothy Denison
answered on Oct 8, 2021

Consult a bankruptcy attorney who can see your entire financial situation and determine the proper course of action.

1 Answer | Asked in Bankruptcy for Arkansas on
Q: Can you file bankruptcy on a home equity line of credit?????
Timothy Denison
Timothy Denison
answered on Jun 17, 2021

Yes, but it is likely secured by your home.

3 Answers | Asked in Bankruptcy for Arkansas on
Q: I already pay 100% in my Chapter 13 bankruptcy. If I make more money at my job, then when I filed will my payment go up
Mr. Chad Van Horn
PREMIUM
Mr. Chad Van Horn
answered on Mar 16, 2021

No. If you're paying 100% plus the trustee fee your payment should not go up. In very rare cases, they charge interest, but it is extremely unlikely. Good luck!

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1 Answer | Asked in Bankruptcy for Arkansas on
Q: I have a Chapter 13 bankruptcy, will my third stimulus payment be affected by that?

I’m just trying to find out if the trustee will get my stimulus.

Timothy Denison
Timothy Denison
answered on Mar 13, 2021

Generally, the Trustees are not taking stimulus checks.

1 Answer | Asked in Bankruptcy and Collections for Arkansas on
Q: Are my husbands assets safe if I have a judgement against me? We own nothing together. Arkansas.

If have a car insurance subrogation judgement against me, can that affect my husband wages or home? We own nothing together. Everything is in his name, except the car I was driving that day. We don’t even share a bank account.

I have no job, or assets of any kind, so it’s unclear what... Read more »

Timothy Denison
Timothy Denison
answered on Dec 3, 2020

Yes. His assets are safe.

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.
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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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