Filing Bankruptcy in Arkansas

[Eastern and Western Districts of Arkansas]

Bankruptcy Chapters - Chapter 7, Chapter 11, Chapter 12, and Chapter 13

The following link will open a Notice that is required reading for individuals filing for Bankruptcy.  Read it carefully and heed the "Read These Important Warnings" on page 3.

Notice Required by 11.U.S.C. § 342(b) for Individuals Filing for Bankruptcy

Bankruptcy Basics

The following link will take you to the U.S. Courts website.  There you will find general information about federal bankruptcy laws and the bankruptcy process.  It is not a guide for filing for bankruptcy.  I recommend you view the 2-minute video which will appear at the right on the page.  For those considering "Filing Without an Attorney," I recommend you access the link at the left of the page and read the information carefully to better understand the legal issues involved before making such a decision.  As it states, "misunderstandings" of the law or making "mistakes" in the process can affect your rights.  As a non-attorney petition preparer, I will only provide such services while assisting the attorney representing the debtor(s).  During my 17 years of experience in the preparation of bankruptcy petitions in more than 500 Chapter 7 and Chapter 13 cases, I have come to recognize the absolute necessity for debtors to obtain competent and concerned counsel to represent them during this personal, financial and often emotional undertaking.  My personal goal over the years has been and still is the educating of the debtor(s) regarding bankruptcy and in particular what they will experience during the duration of their bankruptcy.  It is complex and it often stressful.

The Complexity of Bankruptcy

Let me introduce you to a few websites so that you may see the complexity of Bankruptcy and education yourself with the U.S. Code: Title 11 - Bankruptcy.

The following link will take you to The United States Department of Justice, U.S. Trustee Program, Consumer and Creditor Information:

 

For those of you that may be considering filing for Bankruptcy protection in the State of Arkansas, the following links will be of particular interest:

Arkansas is within Region 13 and the local Assistant U.S. Trustee is Charles Tucker in Little Rock. 

The following link will take you to the United States Bankruptcy Court for the Eastern and Western District of Arkansas.  It provides a wealth of information related to understanding Bankruptcy, Information related to the Court, the Judges and the Trustees, a designated link for Debtors, and for Creditors and Attorneys, as well.  The Links and Resources page contains links maintained by other public and private organizations that may provide helpful.

Garnishment

Garnishment is a legal process for collecting a monetary judgment on behalf of a plaintiff from a defendant. Garnishment allows the plaintiff (the "garnishor") to take the money or property of the debtor from the person or institution that holds that property (the "garnishee"). A similar legal mechanism called execution allows the seizure of money or property held directly by the debtor.