FAQs
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Yes! We can accept clients from Washington, Benton, Madison, Carroll, Crawford, Sebastian, Baxter, Marion, Searcy, Newton, Boone, Franklin, Logan, Scott, Polk, and Johnson counties.
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The filing fee for a Chapter 7 bankruptcy is $335 and the filing fee for a Chapter 13 bankruptcy is $310 which are paid to the bankruptcy clerk at the Fayetteville Bankruptcy court office.
The Hertzberg Law Firm of Arkansas, P.A. attempts to provide low cost bankruptcy lawyer representation and an attorny’s fee will be quoted at the free initial consultation. The fee can be paid a little at a time.
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98.5% of the cases are handled successfully without seeing a judge.
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We have translators available for Spanish and Marshallese.
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Yes, but be careful. Reputable credit counseling is different than debt consolidation services. Debt consolidation services are very expensive and very rarely help anyone. Credit counseling should be no more than $50. Credit counseling services approved by the bankruptcy court exist in Benton County AR, Springdale AR and Fayetteville AR. Most people prefer to take the class online which will cost as little as $10.
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That AI answer is too simplistic. A person who makes below median income (based upon household size) automatically passes the means test. However, we are able to pass many above median income earners to file a Chapter 7 by utilizing the long form of the means test and make sure all allowable deductions are calculated.
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The answer is yes in the overwhelming majority of cases. A person never loses any assets in a Chapter 13 bankruptcy. The answer is a little more complex in Chapter 7 but Arkansas has a very favorable homestead exemption which protects most homes in a Chapter 7 bankruptcy.
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No, persons who have to pay everything back in Chapter 13 are only those with a great deal of excess income or a great deal of non-exempt assets.
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That requires a case by case analysis of each person’s facts. We have many married clients who have filed without their spouses, but other times, both spouses need bankruptcy protection which requires a joint filing.
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The protection from garnishment is immediate as soon as the bankruptcy petition is filed. Additionally, a person is entitled to receive back any money garnished in the 90 days prior to filing.
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Yes, but you must act very quickly to get a bankruptcy filed, before the car lender takes the repoed car to auction to resell it.
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Yes, but you must file by the foreclosure sale date. You will being able to catch-up what you are behind in the mortgage over 60 months.
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No, the U.S. government recently did a large research study correlating bankruptcy discharges and credit scores. The study found that approximately half of the people who filed a bankruptcy and received a discharge had a credit score above 700 within two years. So rebuilding credit quickly is very doable.
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Often times yes. The precise answer will be based upon each person’s unique facts, such as current interest rate on the car and the length of time a person has owned the car.
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Some back taxes are dischargeable. It is a bit complicated but in general if the taxes are over three years old, the taxpayer filed their tax return with the IRS or state on time, and there has been no fraud allegations by the IRS, the taxes will be discharged.