Bankruptcy: Randolph County, AR

    
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        Pocahontas, Arkansas 72455    
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    Filing Bankruptcy In Randolph County, ARWhile bankruptcy is federal law, many aspects, like exemptions involve state law, and —in the case of the means test — each county in Arkansas is assigned its own housing expense standards.
We're here to help you navigate these layers of federal, state, and local rules that come into play when you file bankruptcy in Randolph County, AR.
LegalConsumer.com's "Bankruptcy By Zip Code" website has provided free, local bankruptcy information to more than 10 million consumers since 2006! Let us help you learn how bankruptcy works in Randolph County, AR. 
How to File Chapter 7: How does Chapter 7 bankruptcy work in Arkansas?
Chapter 13: How does Chapter 13 bankruptcy work in Randolph County, AR?
Means TestFree Means Test Calculator: Are you eligible for Chapter 7? This calculator will help you find out. Online since 2006. Updated with May 15, 2024 income & expense standards. 
Local Standards:  Arkansas and Randolph County: Every state and county differs.
Arkansas Median Income: Each state has its own Median Income standard.
Expense Standards For Randolph County: Housing expense standards are by county and vary widely in Arkansas. Be sure you have selected the correct county to get an accurate result in the Bankruptcy Means Test.

Line by Line Help:  Just the bits you need when needed. 
Bankruptcy CourtWhich court do I use?  Bankruptcy is a federal law, so you use a "Federal District Bankruptcy Court," which differs from the Federal District Court. They're two different things. 
Arkansas is divided into 2 federal districts with main cities in
Little Rock (Eastern District)
Fayetteville, Texarkana (Western District)
Where do I file for bankruptcy? 
Can I file Electronically? A few courts are now allowing debtors to file electronically. Also, services like Upsolve.org can help.
Court Info For Non-Attorneys: Every court offers guidance for debtors who don't have an attorney. Some courts more than others.
Who is the Trustee? Learn about the court person you'll deal with if you file. It won't be the judge.

Forms & Instructions
Downloads: Where can I download free bankruptcy forms for my court?
Which Forms? You don't need them all. We'll tell you which ones you need.

Arkansas Bankruptcy ExemptionsSchedule C:  The form where you claim your property as exempt.
Federal Bankruptcy (§522) Exemptions: 19 states allow you to use the Federal Bankruptcy Exemptions listed in 11 USC § 522. The remaining states have "opted out" and only allow you to use the state law exemptions. 
Can use the Federal Bankruptcy (§522) exemptions in Arkansas? Yes. Federal bankruptcy exemptions are available in Arkansas. Ark. Code Ann. § 16-66-217

Arkansas Exemptions
Federal Non-Bankruptcy Exemptions:

Real Estate
Your Home (Arkansas Homestead Exemption): 
For married person or head of family: unlimited exemption on real or personal property used as residence to 1/4 acre in city, town, or village, or 80 acres elsewhere; if property is between 1/4 to 1 acre in city, town, or village, or 80-160 acres elsewhere, additional limit is $2,500; homestead may not exceed 1 acre in city, town, or village, or 160 acres elsewhere (husband & wife may not double)

Personal Property:
Car/Truck/Van: Most states explicitly exempt motor vehicles. In some states, it's pretty generous. 
$200 is maximum personal property exemption allowed under the Arkansas Constitution, although the statute allows an exemption of $1,200. Courts have held that amounts in excess of the Arkansas constitution are unconstitutional.

Tools of Your Trade: From delivery vans to shop tools, most states allow you to exempt tools you use for your work, up to a certain amount.

Wildcard

Financial Accounts & Cash
Retirement Accounts & Pensions: You can protect over $1M in retirement accounts if you file for bankruptcy. 
Public Benefits: States differ as to what benefits you can 
Bank Accounts: 

Types of DebtSecured Debts: Bankruptcy doesn't get rid of secured debts, but in some cases, it can greatly reduce them. When you file, you'll be asked what you plan to do about your secured debts. Your options are:  -
Surrender: Give back the property and wipe out any remaining deficiency balance in bankruptcy. 
Redeem: - Come up with the cash to buy the property outright at its current value.. 
 Reaffirm: - Keep the arrangement you have, and leave this debt unaffected by your bankruptcy.
Common Types of Secured Debts:
Mortgages
Car Loans
Judgement Liens: 
How do you "void" them on exempt property?

Unsecured Debts: Most unsecured debts, like credit cards and medical debts, can be discharged in bankruptcy.
Credit Card Debt
Medical Debt
Personal Loans
Payday loans

Unsecured Debts that require extra steps:
Student Loans: Extra steps required to get rid of it
Undue Hardship: What do you have to prove to get a discharge?
Adversary Proceeding: Like a mini-trial within your bankruptcy case. 

Lawyers Near MeHow can I find a good local bankruptcy lawyer near me?
What should I expect from a bankruptcy attorney?
Legal Aid in Arkansas:
Arkansas Law Help 

Note: This website is updated as time permits. It is up to you to contact your local court and confirm and update any information you need. Information is not advice. See a bankruptcy lawyer for advice about how the law relates to your situation.

    Bankruptcy  ▼
    
                What are the different kinds of bankruptcy?            
              				What are the different kinds of bankruptcy?
Bankruptcy law is important enough to comprise all of Title 11 of the United States Code.
Chapters 7 & 13: The Two Kinds of Bankruptcy Most Consumers UseThis website focuses on the two most common types of bankruptcy filed by individuals: Chapter 7 and Chapter 13. But here’s a quick summary of the six types of bankruptcy most commonly filed under the bankruptcy code; they get their names from the chapters where they appear in the code.
Chapter 7 BankruptcyChapter 7 lets individuals wipe out (“discharge”) most kinds of debt in just a few months.
You get to keep certain kinds of property—for example, at least some of the equity in your home, car, clothing, personal items, and property essential to your profession. This type of property is called “exempt” property, and many Chapter 7 filers find that exemptions cover most of what they own.
If you have nonexempt property, the bankruptcy trustee will sell it to repay your creditors as much as possible.
To qualify for Chapter 7, you must pass the “means test,” showing that your income is less than the state median income for your family size.
Most bankruptcies filed in the U.S. are Chapter 7 bankruptcies. (For more information, see How Chapter 7 Bankruptcy Works.)
Chapter 13 BankruptcyUnder Chapter 13, an individual repays some or all of their debts under a payment plan approved by the bankruptcy court.
Chapter 13 bankruptcy takes three to five years to complete.
Those who choose Chapter 13 usually do so because they want to protect certain kinds of nonexempt property or because they have too much income to qualify for Chapter 7. (Most people prefer to file for Chapter 7 if eligible because Chapter 7 allows you to erase most kinds of debt in three to six months.)
You can qualify for Chapter 13 if you have a steady income and your debts don’t exceed the limits set by the bankruptcy code. (For more information, see How Chapter 13 Bankruptcy Works.)
Less Common Types of BankruptcyChapter 9 BankruptcyCities or towns may file for Chapter 9 bankruptcy if they are overwhelmed by debt. It allows municipalities to develop a plan for handling debts while holding creditors at bay.
Chapter 11 BankruptcyChapter 11, often called “reorganization bankruptcy,” is used by businesses and some wealthy individuals with complex financial affiars.
It allows a business to devise a court-supervised plan to pay back creditors while keeping its doors open. We mostly hear about big companies filing for Chapter 11, but small businesses or even individuals can use it, too.
The trouble is that Chapter 11 is usually too expensive for smaller undertakings and anyone other than the most wealthy because it entails many meetings, court hearings, and big bills from bankruptcy lawyers.
Chapter 12 BankruptcyThis type of bankruptcy is a lot like Chapter 13, except it’s available only for family farmers and fishermen.
It’s designed to help farmers and fishermen keep their livelihoods while paying off debts under a court-approved plan.
Chapter 12 has a higher debt threshold and more options to protect property than Chapter 13.
Chapter 15 BankruptcyChapter 15 is for people or organizations with debts and property in the United States and other countries.
Under this chapter, federal bankruptcy courts can limit their involvement in the case to just the property and people in the United States.

                Do I qualify for bankruptcy?            
              				Do I qualify for bankruptcy?
To qualify for Chapter 7 bankruptcy, you must show that either:
Your income is below Arkansas’s median income for your family size, or
Your income and expenses, calculated together, leave you unable to pay your debts. This is determined under a complex formula called the bankruptcy means test.
If you don't qualify for Chapter 7, you may still be eligible to file under Chapter 13. To qualify for chapter 13, your debt must be under the limit set by the bankruptcy code, and you must be current on your tax filings for the last four years.
See How Chapter 7 Bankruptcy Works or How Chapter 13 Bankruptcy Works.

                Secured debt vs. unsecured debt: What's the difference?            
              				Secured debt vs. unsecured debt: What's the difference?
Secured debt. A secured debt is backed up by property, like your home or a car, also known as "collateral." The creditor can take back the collateral if you don't repay the debt.
Secured debt can be voluntary -- for example, when you get a mortgage to buy real estate or a car loan. It can also be involuntary -- say, if the government puts a lien on your property for back taxes.
Unsecured debt. Unsecured debt isn't backed up by collateral. Lenders give you credit without "security," relying on your credit history and your promise to repay. Unsecured debt can include everything from your credit cards to your gym membership, your medical bills to a loan from a friend.
In bankruptcy, unsecured debt is divided into priority and non-priority claims. If there's any money available to pay your creditors, priority claims come first. Non-priority unsecured debts are rarely paid in bankruptcy.
Common priority unsecured debts include:
legal fees related to the bankruptcy filing
child support and alimony
federal or state income taxes
a certain amount of wages and benefits owed to employees, and
claims against you for operating a vehicle under the influence of alcohol or drugs.
 
To learn more, see our articles on How to File for Bankruptcy.

                Do I need a lawyer to file for bankruptcy?            
              				Do I need a lawyer to file for bankruptcy?
You're not legally required to use a lawyer to file for bankruptcy. Whether you're a good candidate for handling your own bankruptcy depends on the complexity of your financial situation and your willingness to take the time to learn the rules of bankruptcy. If you're not the type of person willing to carefully read a lot of information and follow instructions to the letter—or if your situation has you feeling too overwhelmed to do so—then self-help is probably not for you.
Evaluating your financial situation. If you owe only unsecured debt—like credit card charges or medical bills—you may be able to file for bankruptcy on your own. But you must also consider the amount and type of property you own. If you own your home, have substantial retirement savings, or have other valuable assets, you may want to consult a lawyer to ensure your property is not at risk.
An excellent way to approach the decision to hire a lawyer is to buy (and read) Nolo's book How to File for Chapter 7 Bankruptcy. It will give you a good idea of what issues may arise when you file and flags specific situations when a lawyer's help is called for. It will also give you a good sense of whether the complexity of the filing process is something you'll want to take on alone. (If your financial situation is simple, but you just don't want to deal with the forms, you might consider using a bankruptcy petition preparer to handle the form preparation.)
Other resources, other opinions. Lots of people have opinions on the topic of whether you should get a lawyer. Most lawyers—surprise!—think you should always have a lawyer. But, seriously, they make valuable points worth reading as you decide what to do.
The Moran Law Group, in addition to providing loads of valuable free information about bankruptcy, also makes a case for getting a lawyer. The U.S. Courts website also offers information about filing without an attorney. Nolo, too, offers an article called Filing for Bankruptcy Without an Attorney. These sources are all worth reading.
Finding a lawyer. For more information about finding a qualified bankruptcy lawyer near you, see the Lawyers section of this website.

                Where do I file for bankruptcy in Randolph County, AR?            
              				Where do I file for bankruptcy in Randolph County, AR?
Most people file for bankruptcy in the federal district court closest to where they live. However, if you run a business in a different district and most of your property is located there, you may have to file in that location.
Also, if you've moved in the past six months (180 days), you may have to file in the federal district court where you used to live. It all depends on where the greater portion of your property has been for most of the past 180 days.
Wherever you're required to file, know that you can handle most of your business with the court, including filing your bankruptcy forms, by mail. However, you will need to visit the courthouse at least once to meet with the bankruptcy trustee.
For more details and to find your local court, see our articles on How to Find Your Bankruptcy Court in Randolph County, AR.

                Can I get free bankruptcy forms?            
              				Can I get free bankruptcy forms?
Yes! All official federal and local bankruptcy forms are available free of charge. You can find the links you need by visiting our bankruptcy forms page.
You can also vistit the U.S. Courts website to find free, downloadable copies of the federal forms.
If you want copies of bankruptcy forms with plain-language instruction and tips for filling them out, you might want to use a good self-help book like How to File for Chapter 7 Bankruptcy or Chapter 13: Keep Your Property and Repay Your Debts Over Time, both published by Nolo.

                What happens to my property in bankruptcy?            
              				What happens to my property in bankruptcy?
When you file for bankruptcy, all your property becomes part of the "bankruptcy estate." The bankruptcy trustee has control of your "bankruptcy estate property" while your case is going on. This property is to be distributed for the benefit of your unsecured creditors.
If that were the end of it, bankruptcy wouldn't be a very good deal because you'd be left with no property. Fortunately, that's NOT the end of the story.
Every state has "exemption laws" that say that specific kinds of property, generally up to a dollar limit in value, are exempt from collection by creditors.
These laws are applied when you file for bankruptcy. 
So, even though bankruptcy is a federal law, Arkansas’s exemption laws may determine how much and what kinds of property you get to keep.
As it turns out, most people who file for Chapter 7 Bankruptcy lose no property at all because what little property they do have is, either
fully protected by exemption laws, or
pledged to secured creditors, and therefore not available to the bankruptcy estate.
These so-called "no-asset bankruptcies" are so common that there's a checkbox for it on the petition form. You can check a box to indicate that no assets will be left to distribute to unsecured creditors once you're done claiming your state's exemption laws.
Whether or not you file for bankruptcy, unsecured creditors cannot seize your exempt property to pay off your debt. Even if the creditor goes to court, wins a court judgment against you, and takes steps to attach a lien to your property, you are still entitled to your exemption amount before the creditor gets any proceeds from a sale.
If you sell your exempt property voluntarily, the creditor has a right to have its lien paid from the sale proceeds before you receive anything.
As a practical matter, most of the property of people who file for Chapter 7 bankruptcy is exempt, so they don't want to sell what they have. If all of your property is protected by exemption laws, you are said to be "judgment proof,"—meaning that creditors can't collect anything from you, whether or not you file for bankruptcy.
Exemptions apply to your equity in property.One important thing to remember is that an exemption protects only the "equity" in your property. That's the difference between the value of the property and what you owe to creditors—like your mortgage lender—who have a secured interest in it.
Example
If you owe $18,000 on a $20,000 car, you have only $2,000 in equity. If your state has at least a $2,000 exemption for motor vehicles, that will be enough to protect the $20,000 car in bankruptcy—but you must continue to make the payments to the secured creditor.

On the other hand, if you own the vehicle free and clear, then your equity is the full value of the vehicle, and a $2,000 exemption would not be enough to protect it. The trustee would force the sale of the car, you would get your exemption amount, and the trustee would get the rest of the proceeds to distribute to the unsecured creditors.
More Information
To learn what property is exempt in your state, see the Exemptions section of this website.

                Do I have to get credit counseling before I file for bankruptcy?            
              				Do I have to get credit counseling before I file for bankruptcy?
Yes. Before you file for bankruptcy, you must take a brief credit counseling class and get a certificate proving that you have done so. If you are planning to file jointly with your spouse, you can both attend the same counseling session, but each of you must get a separate certificate. You can usually take a class online or over the phone.
The counseling class usually costs around $50 to $75 or less. However, federal bankruptcy law states that credit counseling agencies must provide credit counseling services without regard to a client’s ability to pay and must disclose the possibility of a fee waiver or fee reduction before beginning the counseling session.
Many critics of federal bankruptcy law see the credit counseling requirement as a bureaucratic obstacle for already-desperate debtors. Perhaps so. But try to make the most of your 90-minute session by getting as much free information as possible. You may be able to use it as a way to get a second opinion about your financial situation and to gauge whether bankruptcy is, indeed, the right choice for your situation. (Keep in mind, however, that a credit counselor is not legally allowed to tell you whether or not you should file for bankruptcy.)
For more information, see the U.S. Department of Justice Credit Counseling FAQ. When you’re ready to sign up for a counseling class, you can use this list of court-approved credit counselors. 
Once you’ve filed, you’ll need to take another online class- a “Debtor Education” class- before receiving your final order discharging your debts.

                What is a 341 hearing (creditors meeting)?            
              				What is a 341 hearing (creditors meeting)?
Everyone who files for bankruptcy must attend a 341 hearing, which is also called a "creditors meeting." The meeting is conducted by the bankruptcy trustee assigned to your case. The trustee will put you under oath and may ask you questions about the information you've provided on your bankruptcy forms. Creditors may also show up at the hearing to ask you questions, but it's not common for them to do so.
Bankruptcy law also requires the trustee to ask you questions to be sure you understand how bankruptcy works and the potential consequences of filing bankruptcy, such as the effect on your credit record.
For most bankruptcy filers, this will be your only trip to the courthouse (or during the Cornavirus, a virtual trip to the courthouse, via a phone meeting. See below). Most court websites post schedules of 341 hearings, and when you file, you will be notified of your hearing date. When you show up for your hearing, you will find that many other people have hearings set for the same day. You will sit and wait for your name to be called--usually in a room somewhere in the courthouse or federal building, but probably not in a courtroom.
The book How to File for Chapter 7 Bankruptcy provides detailed information about what to expect at your 341 hearing.
The Department of Justice offers Information about creditors meetings on a district by district basis.
To go to your Local 341 Meeting Information page, click on this link:

                What is the Automatic Stay?            
              				What is the Automatic Stay?
The automatic stay is provided for in §362 of the Bankruptcy Code.
It is an automatic injunction that goes into effect when a person files for bankruptcy.
The purpose of the automatic stay is to provide the debtor with a temporary reprieve from their creditors.
When the automatic stay is in effect, creditors are generally prohibited from taking any action to collect on a debt. This includes things like calling the debtor to demand payment, garnishing the debtor's wages, or foreclosing on the debtor's home. The automatic stay gives the debtor some breathing room to reorganize their finances and work out a plan to pay off their debts.
The automatic stay is a powerful tool that can provide much-needed relief to someone struggling with overwhelming debt.
But... the automatic stay is not a permanent solution. Creditors may be able to get the stay lifted if they can show that it is necessary to do so to protect their interests.
For example, it is often quite simple for a landlord to get a stay lifted to proceed with an eviction.
And a Chapter 7 bankruptcy won't permanently stop a foreclosure or other collection efforts by secured creditors, but a Chapter 13 bankruptcy can force such collection efforts into a pay-over-time repayment plan.
It's important to consult with a bankruptcy lawyer before assuming that the automatic stay will protect you from further collection efforts in your particular situation.

                What is an Adversary Proceeding?            
              				What is an Adversary Proceeding?
An “adversary proceeding” in bankruptcy is a lawsuit within your bankruptcy filing to settle a specific issue. 
Certain benefits of the bankruptcy code, like the ability to discharge student loans in cases of “undue hardship,” require an extra step in the process (an “adversary proceeding,” essentially a lawsuit within the bankruptcy)
MONEY TIP $$: When you hire a lawyer to handle your bankruptcy, ask whether the fee includes adversary proceedings. Most lawyers' upfront fees do NOT include the cost of doing an "AP."
An adversary proceeding in bankruptcy is a lawsuit filed within a bankruptcy case. It is used to resolve legal disputes arising within a bankruptcy case context. Aside from student loan undue hardship cases (under section 523(a)(8)), issues that might be addressed in an adversary proceeding include any of 18 other categories about disputes over the dischargeability of a debt, the ownership of property, or the validity of a lien.
To file an adversary proceeding, you must first have a bankruptcy case open. If you do not have a bankruptcy case open, you will need to file a bankruptcy petition and receive a case number before you can file an adversary proceeding.
Once you have a bankruptcy case open, you can file an adversary proceeding by following the Federal Rules for court proceedings (Rule 7004), which includes doing the following:
File a complaint: This legal document outlines the nature of the dispute and the relief you seek.
Serve the complaint: You must serve a copy of the complaint on all parties involved in the dispute. This is typically done through the United States Marshal's Service.
This just got easier as of December 1, 2022: Look here: Effective December 1, New Rules Simplify a Consumer Bankruptcy Practice.
File a proof of service: Once you have served the complaint, you must file a proof of service with the court to show that the complaint was served on the other parties.
Respond to the complaint: The other parties will have an opportunity to respond to the complaint by filing an answer or other responsive pleading.
Attend hearings and participate in discovery: The case will proceed through the usual litigation process, including any necessary hearings and discovery.
Attend a trial: If the case is not resolved through settlement or other means, it may go to trial.
It is important to note that adversary proceedings can be complex and time-consuming, and it is often advisable to seek the assistance of an attorney if you are considering filing one.

    How to File
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        Randolph County, AR

      Bankruptcy by Zip Code 
    
    Local Resources

    Randolph County, AR Local Resources  

      Connect With an Attorney Serving Pocahontas  
    
      How To File for for Chapter 7 or Chapter 13 Bankruptcy in Randolph County, AR:
Step-By-Step  
    
      Where Do I File for Bankruptcy in Randolph County, AR?  
    
      Randolph County, AR Bankruptcy Lawyers  
    
    Basics

    Understanding Bankruptcy in Arkansas  

      How Chapter 7 Bankruptcy Works in Arkansas  
    
      How Chapter 13 Bankruptcy Works in Arkansas  
    
      Alternatives to Bankruptcy  
    
      What is the Automatic Stay?  
    
      Bankruptcy Basics Videos  
    
    How to File

    How To File Bankruptcy  

      Arkansas Bankruptcy FAQ  
    
      How Much Does It Cost to File for Bankruptcy in Arkansas?  
    
      Working With the Bankruptcy Trustee  
    
      How to use ChatGPT (and Other AI Tools) to Navigate the Bankruptcy Process in Arkansas  
    
    Courts

    Arkansas Eastern District Bankruptcy Court Info  

      Information about the Arkansas Eastern District Bankruptcy Court  
    
      Bankruptcy Court FAQ  
    
      Getting help from your local court to file bankruptcy without an attorney  
    
    Forms

    Bankruptcy Forms  

      Table of Free Arkansas Bankruptcy Forms  
    
      Bankruptcy Forms FAQ  
    
      Can I get free bankruptcy forms?  
    
    Means Test

    Means Test Calculator
 Income & Expenses  

      Means Test Calculator for Randolph County, For Cases Filed on or after April 1, 2024   
    
      Means Test FAQ  
    
      Line by Line Help for the Bankruptcy Means Test  
    
    Debts

    Debts & Dischargeability  

      Can an Employer Garnish My Wages in Arkansas?  
    
      What Debt Can Be Wiped Out In Bankruptcy?  
    
      What Debts Will I Still Have To Pay After My Bankruptcy?  
    
      How Will Bankruptcy Affect My Child Support Obligations?  
    
      Can I Get My Tax Debts Wiped Out In Bankruptcy?  
    
      How Will Bankruptcy Affect Someone Who Cosigned One Of My Debts?  
    
      Secured debt vs. unsecured debt: What's the difference?  
    
      Medical Debt: What Bankruptcy Can Do About it   
    
      What is a Reaffirmation Agreement?  
    
    Student Loans

    Student Loans  

      Best Sources of Student Loan Undue Hardship Case Law  
    
      How to Request an “Undue Hardship” Discharge of a Student Loan in Bankruptcy and Complete the New Required Affidavit Online  
    
      Student Loans §523(a)( 8 ) Undue Hardship Discharge Affidavit   
    
      Can I Get My Student Loans Discharged or Reduced for Undue Hardship In Bankruptcy?  
    
      Student Loan Bankruptcy Discharge Affidavit For Undue Hardship §523(a)(8) - Free Online  
    
    Exemptions

    Property, Exemptions & Liens  

      Can Bankruptcy Prevent Foreclosure in Arkansas?  
    
      Arkansas Bankruptcy Exemptions - All Categories  
    
      Is Arkansas Adjusting Its Bankruptcy Exemptions for Inflation in 2023?  
    
      Can I Use the Federal Bankruptcy Exemptions in Arkansas?  
    
      What Happens to My Property If I File For Chapter 7 Bankruptcy In Arkansas?  
    
      Can I Give Property Away To Friends Or Relatives To Avoid Losing It In Bankruptcy?  
    
      Can I Keep Property That I've I Pledged as Collateral For a Debt?  
    
      Can I Keep My Car or Truck If I File For Chapter 7 Bankruptcy in Randolph County, AR?  
    
      What Will Happen to My Home If I File For Bankruptcy in Arkansas?  
    
      Arkansas Homestead Exemption  
    
      Can Bankruptcy Stop An Eviction in Arkansas?  
    
      Bankruptcy Exemptions FAQ  
    
      Arkansas Exemption Updates  
    
    Exemptions

    Exemptions By Category  

      Table of Federal Bankruptcy Exemptions Under §522(d)  
    
      Does Arkansas Recognize Tenancy by the Entirety?  
    
      Arkansas Insurance Exemptions - Life, Disability, Survivors Benefits  
    
      Arkansas Motor Vehicle Exemption & Other Personal Property Exemptions  
    
      Arkansas Pension and Retirement Exemptions
Will I Lose My Retirement Savings If I File For Bankruptcy?  
    
      Public Benefits Exemptions for Arkansas  
    
      Are Child Tax Credit (CTC) Payments Exempt From Creditors in Arkansas?  
    
      Arkansas Tools of Trade Exemptions  
    
      Arkansas Wage Garnishment Exemption  
    
      Arkansas WildCard Exemption  
    
      Arkansas Miscellaneous Exemptions  
    
      Table of Federal “Non-Bankruptcy” Exemptions  
    
    BK Exemptions FAQ

    Bankruptcy Exemptions FAQ  

      Citations to Exemptions  
    
    Lawyers

    Bankruptcy Lawyers & Other Help  

      Should You Use a Bankruptcy Petition Preparer (BPP)?  
    
      What is UpSolve, And How Does It Work?  
    
      Bankruptcy Lawyers FAQ  
    
      Directories of Pocahontas, Arkansas Bankruptcy Attorneys  
    
    Consumer Protection

    Consumer Protection Laws  

      Your 3 Day Right to Cancel Contracts for Home Improvement, Home Solicitation Contracts, and Refinancing Contracts  
    
    News

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      Daily News Sources on Bankruptcy  
    
      Bankruptcy & Economic Statistics  
    
      Other Free Audio/Video About the Debt & Credit Industry  
    
      What We're Reading About Debt & Bankruptcy  
    
      Consumer News From Local News Affiliates  
    
      LegalConsumer Bankruptcy Blog  
    
      Credit Card news & Info  
    
      Congressional Committees on Bankruptcy and Credit Issues  
    
      Politics & Legislation  
    
Randolph County, AR Bankruptcy ResourcesRandolph County Bankruptcy Means Test CalculatorAutomatically apply the Randolph County expense standards, and Arkansas income standards to your means test calculation.
Randolph County Bankruptcy CourtFind where to file if you live in Randolph County.
Arkansas Bankruptcy Exemption LawsWhat property you can keep under Arkansas and federal exemption laws.

    Web Resources for Bankruptcy
                      
            Free & Low-Cost Internet Plans - NDIA             
                          
              www.digitalinclusion.org            
          Some Internet Service Providers have responded with new or improved discount broadband plans, that will only be available for a short time; others  continue to offer plans that were created prior to the crisis.  NDIA commits to keeping this list of Free & Low-Cost Internet Plans updated daily.

            Lundin on Chapter 13            
                          
              lundinonchapter13.com            
          Videos by Chapter 13 treatise author Keith Lundin, on Chapter 13 practice issues.

            FindHelp.org Find Rental assistance for Pocahontas, Arkansas            
                          
              www.findhelp.org            
          
            State Survey of Asset Protection Techniques            
                          
              www.actec.org            
          A giant PDF grid of States and their property exemptions by category. Created in 2018. Not up to date, but impressive in its scope and detail. Be sure to check to updates before relying on anything in this PDF. But it may be a good place to start research. 

            Individual Debtors Guide to Judgments of Eviction            
                          
              www.ctb.uscourts.gov            
          
            Get IRS Tax Transcripts            
                          
              www.irs.gov            
          
            LIST OF CREDIT COUNSELING AGENCIES APPROVED PURSUANT TO 11 U.S.C. § 111            
                          
              www.justice.gov            
          
            US Poverty Guidelines            
                          
              aspe.hhs.gov            
          
            150% of the HHS Poverty Guidelines for 2021            
                          
              www.uscourts.gov            
          
            Northern California bankruptcy judge research PDF            
                          
              www.canb.uscourts.gov            
          Excellent make a research resource of ninth circuit bankruptcy law. And general federal bank and slaw

            GetCTC.org -- Simplified Tax Filing to Claim Your Child Tax Credit            
                          
              www.getctc.org            
          This useful resource, created by CodeForAmerica.org with the cooperation of the White House, helps people sign up to get their monthly CTC payments

            Hidden Consumer Rights and Remedies Regarding Private Student Loans            
                          
              library.nclc.org            
          Widespread misrepresentation about private student loans not being dischargeable in bankruptcy leads to significant consumer remedies. A new NCLC Digital Library article explains how to tell if a private student loan is dischargeable in bankruptcy, and sets out remedies where creditors misrepresent that a loan is non-dischargeable or continue collection after a bankruptcy discharges the loan. Other claims against private student loan lenders are listed

            Covid 19 Bankruptcy Provisions and Sunsets            
                          
              library.nclc.org            
          A comprehensive list of start and end dates of provisions that were enacted during the COVID-19 pandemic.

            Student Loan Discharge for Disabled Borrowers            
                          
              www.ed.gov            
          Over 323,000 borrowers who have a total and permanent disability (TPD) will receive more than $5.8 billion in automatic student loan discharges due to a new regulation announced today by the U.S. Department of Education.  The change will apply to borrowers who are identified through an existing data match with the Social Security Administration (SSA). It will begin with the September quarterly match with SSA.

            Reaffirmation Checklist PDF from the Nebraska Bankruptcy Court            
                          
              www.neb.uscourts.gov            
          This handy PDF from the Nebraska federal bankruptcy court is quite helpful in explaining  the in ins and outs of reaffirmation of debts in bankruptcy.

            Chapter 7 Flowchart (IL southern BK Court) PDF            
                          
              www.ilsb.uscourts.gov            
          This handy flowchart produced by the BK court in Illinois gives a visual view of how a chapter 7 case proceeds.

            VIDEO: Is Bankruptcy Right For You? Video by BK Judge             
                          
              www.youtube.com            
          Bankruptcy Judge Cecelia Morris, Chief Judge of the New York Southern Bankruptcy answers the question, "Is Bankruptcy Right for you?"

            VIDEO: Financial Stress and Suicide            
                          
              www.youtube.com            
          Bankruptcy Judge Cecelia Morris explains how bankruptcy can be a benefit to mental health and a positive alternative to suicide for those in financial distress.

            New Process to Discharge Student Loans in Bankruptcy            
                          
              library.nclc.org            
          The National Consumer Law Center"s guide to the new 2022 guidance for claiming an undue hardship discharge for student loan debt in bankruptcy.

            Undue Hardship Attestation  Form            
                          
              www.justice.gov            
          Download the official justice department form here. In PDF form.

            Exempting the Earned Income Tax Credit from the Bankruptcy Estate            
                          
              procedurallytaxing.com            
          Author argues: "The bankruptcy code allows each state to decide which assets a debtor may choose to exempt from the bankruptcy estate.  Most states have exempted EITC refunds because the payments meet the state definition of payment for the welfare of the individual.  Similarly, most states have exempted the advanced child tax credit (ACTC); however, each state statute stands on its own.  Ms. Medina finds out to her sorrow that New Mexico has not drafted its statutory exemptions in a manner allowing for the exemption of the EITC.  As discussed below, this is an area where Congress should step in.  We should not require a state by state determination of whether to exempt federal anti-poverty payments."

            VIDEO: LOWER Your Car Loan Payments In Bankruptcy            
                          
              youtu.be            
          Consumer Warrior YouTube Channel puts out excellent videos on debt and credit. Arizona bankruptcy attorney John Skiba does a great job explaining how bankruptcy law can help if you owe far more on your vehicle than it is worth. He explains the options of Reaffirmation, Redemption, and Surrender and how which ones can be used in your favor. 
KEY MOMENTS
0:00 Introduction 
0:26 Car loans
2:15 Chapter 7- Redemption
6:13 Chapter 7 - 3 Options
6:43 Chapter 13 - "Cram Down"
8:19 Final Thoughts

            SAVE Repayment Plan Offers Lower Monthly Loan Student Loan Payments            
                          
              studentaid.gov            
          The Saving on a Valuable Education (SAVE) Plan, like other income-driven repayment (IDR) plans, calculates your monthly payment amount based on your income and family size. The SAVE Plan provides the lowest monthly payments of any IDR plan available to nearly all student borrowers. (August 2023.)

            Wage Garnishment for Consumer Debts - NCLC            
                          
              www.nclc.org            
          A survey of state wage garnishment laws for consumer debts.

            Article          

            Federal Court Reigns In FDCPA Claim Where Debt Was Legitimately Owed            
                          
              www.insidearm.com            
          
            Case Law          

            Download Official PDF Bankruptcy Forms Instruction Booklet For Official Bankruptcy Forms            
                          
              www.uscourts.gov            
          
            Government          

            Can a debt collector take my federal benefits, like Social Security or VA payments?            
                          
              www.consumerfinance.gov            
          Before a debt collector can take Social Security or VA benefits, they must sue you and win a judgment against you for the amount you owe. Then, the debt collector must get a court order that tells your bank or credit union to turn over money from your account or prepaid card. 

            Government          

            Eldercare Locator            
                          
              eldercare.acl.gov            
          Welcome to the Eldercare Locator, a public service of the Administration for Community Living connecting you to services for older adults and their families. You can also reach us at 1-800-677-1116.

            Government          

            Wage Garnishment 50 State Overview - NCLC            
                          
              www.nclc.org            
          
            Table          

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