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Arkansas Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Arkansas on
Q: My household bills have changed since I filed bankruptcy in 2020. I asked my lawyer for a modification. She didn't do i

This was in August of 2023. Now it is February. Also she said she didn't charge me but I see $3500 on my statement. And she said she is going to do the modification and then she is thru with my case and I will hv to find another lawyer.

James L. Arrasmith
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answered on Feb 24, 2024

Based on the details provided, it seems your bankruptcy attorney has not properly handled your requested case modification or accurately represented what additional services they would provide. A few important points:

1) An attorney has an ethical obligation to follow through on filing...
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1 Answer | Asked in Bankruptcy for Arkansas on
Q: Can a creditor filed a late claim after the deadline us dept of education just filed a claim on 02/23/2024 and the dead

Line for filing a claim in my chapter 13 bankruptcy was 10/05/2023 for non gov and 01/23/2024 for government claims

James L. Arrasmith
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answered on Feb 24, 2024

Based on the details provided, it seems the US Department of Education filed their claim after the deadline for governmental entities to file claims in your Chapter 13 bankruptcy case. Specifically:

- The deadline for non-governmental entities to file claims was 10/05/2023.

- The...
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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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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, 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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2 Answers | Asked in Bankruptcy, Civil Litigation and Real Estate Law for Arkansas on
Q: How to handle a judgement?

I was involved in a real estate lawsuit over a house I purchased. The home has over 100k in structural damage that was discovered just a month after purchase. Unfortunately the judge threw my case out a day before trial and awarded attorney fees of $15k to the seller. I don’t have money to repair... View More

James L. Arrasmith
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answered on Nov 5, 2023

Facing a judgment can be daunting, especially when it threatens your financial stability. First, you should evaluate the judgment to ensure it was entered correctly and contemplate whether grounds exist to appeal the decision or set it aside. If that's not a viable option, and your financial... View More

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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?

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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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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2 Answers | Asked in Bankruptcy, Consumer Law, Copyright and Criminal Law for Arkansas on
Q: If I print a fake check and write on the check this is not a check. Is it against the law
James L. Arrasmith
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answered on Feb 4, 2024

If you have concerns or questions regarding a legal matter, it is crucial to consult with an attorney who can provide you with proper legal advice and guidance tailored to your specific situation. They can help you understand your rights and responsibilities and navigate any legal issues you may be... View More

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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.

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 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... View 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... View 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... View 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... View 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
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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.

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