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Did Student Loan Dischargeability in Bankruptcy just get Easier?

The answer is YES, and here’s why! There is good news for low income, student loan borrowers who are struggling to repay their loans. A new process has been put in place that will help with transparency and consistency when it comes to granting a discharge of student loans in bankruptcy. This new process will make it easier for low-income borrowers to take…

What Happens To Employees When Their Employer Files For Bankruptcy?

When an employer files for bankruptcy, employees may have a lot of questions about their rights and what will happen to their job. The following is some information that may be helpful for employees who are facing this situation. First, it’s important to understand that there are different types of bankruptcy. The type of bankruptcy that…

What To Know About Subchapter V Of The Bankruptcy Code

What is Subchapter V of the Bankruptcy Code? Subchapter V of the Bankruptcy Code is a new section that was added in 2019 in order to help small business debtors. This new section offers a number of benefits for small businesses, including simpler and faster procedures, more flexibility in reorganizing their debts, and access to more financing…

What Are The Advantages Of Filing For Chapter 7 Bankruptcy?

Why Should I File for Chapter 7 Bankruptcy? Bankruptcy can offer a fresh start to debtors who are struggling to make ends meet. Filing for Chapter 7 bankruptcy may help you discharge your debts, stop wage garnishment, and get rid of other legal actions taken by creditors. If you are considering filing for bankruptcy, it is important to understand…

Free Letter to Stop Creditor Calls and Harassment

When the creditor harassment is too much, you can use the form below to get a free letter to send to the creditor. At-home phone calls, workplace visits, menacing letters, litigation, garnishments, and bank seizures might make your life more difficult than it needs to be.

What to do if you see discharged debts on your credit report

Have you checked your credit report recently? You may be surprised to find discharged debts still listed on your report. Discharged debts are those that you are no longer responsible for because you went through the bankruptcy process. Here’s what you can do if this happens to you. Often, these will show up on your…

Owe money for Unemployment Overpayment?

I Owe Money for Unemployment Overpayment! During times of difficulty, while we are bombarded by the stresses of keeping the lights on and food on the table, we often do not pay as much attention as we should to the forms we are completing.  This can happen when applying for unemployment.  Perhaps you were able…

How to Get Driver’s License Back After Losing It Due to Money Owed From an Accident 

How to Get Driver’s License Back After Losing It Due to Money Owed From an Accident  Accidents happen to everyone, and sometimes one accident can grow into several problems. This is especially true of car accidents. In addition to loss of the use of your car as well as the aggravation and cost of getting it repaired, you may also have to…

Is Chapter 13 bankruptcy better now?

How the CARES Act Helps Debtors in Chapter 13 Bankruptcy  The CARES Act (Coronavirus Aid, Relief, Economic Security Act) provides some assistance to consumer and bankruptcy debtors.  In addition to the federal stimulus package which will provide a one-time payment to individuals based on their income and number of dependents, funds received by individuals will…

Filing Bankruptcy without Leaving Your Home

Coronavirus and Filing Bankruptcy Even though our interactions have been restricted, you still need to be able to receive financial relief. If you have been financially struggling but want to protect the health of you and your family, we can still offer relief and protection through bankruptcy. During the coronavirus pandemic, you do not have…

Are Non-Compete Agreements Enforceable in Arkansas?

In today’s business climate, non-compete agreements are increasingly used and getting harder to circumvent when needed. Suppose you’ve signed a non-compete agreement in Arkansas. In that case, you may have severely limited your chances of getting a new and better position in the same or even closely related industry. Recently, Arkansas has enacted some new…

What is the Definition of a Hostile Workplace?

If you dread going to work every day, and feel harassed, discriminated against, or victimized in any way, you may be experiencing a hostile work environment. Sometimes, this “feeling” is hard to put into words, but there are definite signs that certain “boundaries” have been crossed and you are being victimized. For example, harassment, sexual harassment, discrimination,…

Can I be fired if I have a medical marijuana card?

Many Arkansas medical marijuana cardholders have questions about whether they can be fired. The answer is that the Arkansas Constitution protects all medical marijuana cardholders from being fired for having a medical marijuana card. However, this is increasingly an issue. Many do not understand the law. According to this article in Arkansas Business, “there were…

Can I take off from work if I or a family member gets the coronavirus?

If you or a family member have the coronavirus, there is a federal law called the Family & Medical Leave Act (FMLA)  that allows a qualified employee to take up to 12 weeks of unpaid leave within a 12-month period if they or an immediate family member requires care for a “serious health condition.” The…

What can I do as an unemployed restaurant worker during the coronavirus?

What can I do as an unemployed restaurant worker during the coronavirus? If you were a restaurant or service industry worker who is now unemployed, please first apply for unemployment assistance. You can do so here: https://www.ezarc.adws.arkansas.gov/ To be eligible, you must be: Unemployed, Physically and mentally able to perform suitable work, Available for suitable…

Should I have an attorney review my employment contract?

WH Law frequently reviews employment contracts for managers, doctors, and other professionals to ensure the contract is clear and to ensure that the contract actually provides protections. WH Law also drafts contracts for high-level employees and for small employers looking to provide contracts to their employees. In doing so, we draw on our experience litigating…

Why restaurant workers are likely owed money

The Court system makes thousands of restaurants all over the country pay back workers money the workers are owed. The U.S. Department of Labor found that in one two-year period, over eighty percent of restaurants violated labor and employment laws. (Click here to read more about that study) If you’re a restaurant employee, we’ve found…

Can caregivers or care workers be paid more?

All caregivers are owed the federal minimum wage of $7.25 an hour and an overtime payment for all hours worked over 40 in any work week, unless some very specific exemptions are met. However, many agencies or individuals are not following the law. This law firm has a lawsuit against PALCO, Inc. for back wage…

Drug Tests and Your Nursing License

What Is The Difference Between A Living Will And An Advance Directive?

What is a Living Will? When it comes to planning for the future, many people put a lot of thought into making sure their loved ones are taken care of financially. However, what about those times when you’re unable to speak for yourself? That’s where a living will comes in. A living will is a…

What Is a Special Needs Trust?

How Do Trusts Help People? A trust is a legal document that outlines the terms and conditions of how property will be managed and distributed. Trusts can be used for a wide variety of purposes, but one of the most common is estate planning. When you create a trust, you can designate someone to manage your…

Financial Planners vs Estate Planners: What’s the Difference?

What is a Financial Planner? When it comes to your finances, it is important to have a plan in place. A financial planner can help you create a budget, save for retirement, and invest your money wisely. They can also help you manage your debt and make sound financial decisions. The benefits of financial planning…

What Happens to My Retirement When I Die?

What Happens to My Retirement When I Die? If you are like most Americans, by the time you approach or reach retirement age, your two biggest assets are your home and your retirement account.  If you are in the process of creating an estate plan, or are beginning to think about it, you may be…

Covid-19 and Estate Planning

These are difficult and uncertain times. Coping with the Corona Virus and COVID-19 can be stressful and down right scary. With the focus now on the health of you and your family, estate planning may be the last thing on your mind. Even if you are wishing to create an estate plan, social distancing and…

Fear of Losing Control

My job as an estate and elder law attorney brings me into contact with people on a daily basis who have decided to begin their end-of-life planning. As a part of the initial conversation I have with clients, I usually ask what made them decide to do this planning now. After all, many of them…

How Not to Lose Your Home

In my job as an estate and elder law attorney, I speak to people who have decided to start their end of life planning on a daily basis.  As a part of the first conversation I have with these folks, I usually ask what made them decide to start planning now.  Many people live into…

Arkansas Power of Attorney Guide: Find Out How it Works!

We often deal with clients who need an estate plan, but don’t realize they need what’s called a “power of attorney” or “POA.” One of the main questions we ask when we draft estate plans is, “who do you want to take care of your money when you can’t do it yourself?” This is a…

Estate Planning and Property Deeds

One of the most important aspects of good estate planning is making sure that we have the information we need about your assets. Some estate planners in Arkansas are content simply to create a trust and leave it up to you to put your assets into it. (Otherwise known as “funding” your trust.) Estate Planning…

How to Avoid Probate (and Family Fights) Over a Bank Account

A big part of our job is helping people avoid the Arkansas probate process. One of the ways we help people avoid probate is changing information about personal bank accounts. If you die and you’re the only person on your bank account, your heirs will not be passing go or collecting any money. Instead, they’ll…

How is Debt Managed in Divorce?

If you’re getting divorced in Arkansas, you and your spouse must agree on who gets specific marital assets, such as your family home, vehicles, and other property you’ve accumulated in your marriage. What about Debt in Divorce? What many couples overlook is that debts also have to be split. Debt division is an especially contentious…

Does it Matter Who Files for Divorce First?

Does it Matter Who Files for Divorce First? In Arkansas, it typically does not matter who files for divorce first. Either spouse may initiate the divorce process by filing a divorce petition with the circuit court in the county where they live or the county where his or her spouse lives. However, there are a…

Can Child Custody Be Changed After Divorce?

Yes, in Arkansas, child custody orders can be modified if there has been a material change in circumstances since the initial child custody order was issued. A material change in circumstances could include, for example, a change in the needs of the child, a change in the work schedule or living situation of one of…

Determining Child Support Amounts In Arkansas

Who Pays Child Support After a Divorce? The parent who has primary custody of the child is typically the one who receives child support payments from the other parent. In Arkansas, child support is calculated based on a number of factors, including each parent’s income, the amount of time each parent spends with the child,…

How Is Custody Handled in Arkansas if the Parents Were Never Married?

Arkansas courts consider the rights of both parents to equal degrees when looking at custody cases. However, when the parents were never married, the father may need to go through more steps to demonstrate that he is a parent before he can get those rights considered. Child custody cases are rarely simple. Even when both parties…

Who Can Get Alimony In Arkansas?

What is Alimony? Alimony is a payment made by one spouse to the other after a divorce. It is also called spousal support or maintenance. The purpose of alimony is to help the receiving spouse become financially independent after the divorce. Alimony can be paid in a lump sum or in regular payments. It can be…

What is the Best Interest Standard in a Child Custody Case?

In a child custody case, you will think about the best interest of the child. It is sometimes hard to know whether what you are doing is good for your child or not. You have to be careful and think about other people’s feelings too – especially your child’s. The best interest standard is a legal term…

Thinking of Divorce in Arkansas: Basic Requirements

What is the First Thing I Should Do If I Want to File for a Divorce? If you are considering filing for divorce in Arkansas, it is important to understand the basics of the process. The first step is to consult with an experienced family law attorney who can help you navigate the legal system and protect your rights….

12 Reasons You Should Get Married!

Why Should I Get Married? It may be a strange question to pose, but asking yourself why you should get married if you are considering it can actually help you make a decision. If you are contemplating getting married, here are 12 reasons why you should! Love, Actually Of course, the most obvious reason to…

What is a rebuttable presumption?

What Is a Rebuttable Presumption? A rebuttable presumption is a legal principle that presumes something to be true unless proven otherwise. The burden of proof lies with the party who wishes to rebut or disprove, the presumption. A rebuttable presumption is most often found in civil law, as opposed to criminal law. In order for…

What is a rebuttable presumption?

What Is a Rebuttable Presumption? A rebuttable presumption is a legal principle that presumes something to be true unless proven otherwise. The burden of proof lies with the party who wishes to rebut or disprove, the presumption. A rebuttable presumption is most often found in civil law, as opposed to criminal law. In order for…

Free Divorce for Valentine’s Day

Hey! It may seem a little unusual, this Valentine’s Day, we’re giving away a free uncontested divorce. No need to worry about messy paperwork or court appearances – we’ll take care of everything for you. So why wait?

Do I Need to Hire an Attorney?

Top 7 Reasons you Really Need an Attorney: I can’t count the number of phone calls I have received over the years from people who begin their conversation with, “I’m not sure I need an attorney…” Not only do you probably need to hire a lawyer, you probably need an experienced lawyer. Do you always…

Over the Line: Misplaced fences, roads and other boundary disputes

Over the Line: Misplaced fences, roads and other boundary disputes There’s an old saying, “Good fences make good neighbors.” While that may be true normally, sometimes a neighbor’s fence is out of place and on your side of the property line. Encountering a boundary dispute with an adjacent neighbor is a fairly common issue for…

February 2019 Arkansas Bar Exam Results

Four Ways to Be Kind to Your Lawyer

I spent a lot of time with my grandparents as a kid. They lived in a log cabin in the county, and the only way to describe their (When I say “their,” I mean my grandmother; my grandfather probably never noticed.) decorative style was “eclectic.” This included Norman Rockwell paintings, Zane Grey books, obnoxious timepieces,…

4 (good) Christmas Ideas for a Lawyer

Whether you’re married to a lawyer, friends with a lawyer, or simply stay just close enough to a lawyer to get free legal advice, most people have a lawyer on their Christmas list. And we are not easy people to buy for. We are trained to be particular—particular about evidence, particular about words, particular about time—which…

What Should I Wear to Court?

I am usually in court a few times per week. It happens so often that I don’t really tend to think much about what I wear to court. It’s more like a formula: Start with a boring dark suit + boring white/blue shirt + boring tie that has red in it + boring dark shoes…

3 Lessons on Life and Lawyering from My Beard

Two months doesn’t seem like enough time for much change. Unless it’s my beard. I recently entered the Root Cafe’s 4th Annual Beard-Growing Contest. There are several different categories but I chose to “shave in” and compete for the fullest beard. The competition required me to appear at the Root on December 5th cleanly shaven to…

My First Pro Bono Case

This is the second installment of my first-year lawyer “firsts.” My goal is *to deliberately set* aside some time to look back over my first year as a lawyer. I’m hoping to learn; I’m hoping to be encouraged; and I’m hoping to encourage some other folks. It has been hard and scary, but it’s been…

Can You Empty a House Before Probate?

The short answer is you should not clean out the house right away. The sudden, unexpected passing of your parent or a loved one may have left you with countless questions and decisions. This includes what to do with the family home; particularly if it is vacant. Before selling or disposing of any items from…

Can an Executor refuse to close out the estate for any reason?

How Long Can a Probate (Estate Administration) Stay Open? In Arkansas, a fast probate is 9-12 months and a slow probate is as long as you want it to be. A probate can stay open for as long as is necessary to properly administer the estate. This can vary depending on the size and complexity…

How to remove an Executor of an Arkansas Estate

There are many reasons to remove an executor of an estate, here is a list of some of the reasons to remove an executor: Self dealing Not notifying beneficiaries Not notifying creditors Not acting in good faith Not paying taxes Not paying debts Conflict of Interest An executor of an estate must act prudently. Picture…

How do I close a bank account after someone dies?

Navigating and closing a deceased person’s bank account can be tricky. Follow these simple steps to ensure you are able to properly close the account: Gather necessary documents: The bank will want to make sure they are giving the right person the money. This could just be a death certificate and your driver’s license. It…

How much does an Arkansas Probate Cost?

If you’ve recently lost a loved one, you may be wondering about the cost of probate in Arkansas. Probate is the legal process of settling an estate, and it can be expensive. Here’s a look at how much probate costs in Arkansas, what factors affect the cost, and how to keep expenses under control. How…

What is an Arkansas Small Estate Affidavit?

Having an Arkansas Small Estate Affidavit helps people inherit property. It also helps you avoid a full probate action. Times are difficult when a loved one dies, this helps make it simpler if you qualify. Small Estate Administration Small Estate laws were enacted in Arkansas in order to allow heirs to receive the property that…

Should I sign a waiver in an Arkansas Probate?

When someone dies, their estate goes through a process called probate. This process can be complicated and time-consuming, and it’s often a good idea to seek legal help. One way to make the probate process easier is to sign a waiver. In this blog post, we will discuss what Arkansas probate waivers are and whether or not…

What to Do When Someone Dies in Arkansas: Step-by-Step Guide

Losing a loved one is never easy. Death can happen suddenly and without warning, leaving family members and friends to deal with the aftermath of their loss. When someone you love dies in Arkansas, there are many steps that need to be taken as soon as possible after the death has occurred. This article will…

Opening a Probate for a Personal Injury, Mass Tort, or Other Lawsuit in Arkansas

We have all heard it and it is true, bad things happen to good people. Sometimes, those things involve a lawsuit after someone has passed away. When that happens there is a specific type of probate called a special administration. This type of probate is used to deal with one specific issue and not the…

Out of State Probate (AKA Ancillary Probate)

Probate is a process that nobody wants to go through. That being said, if it is handled correctly it can lower the stress and the conflict between family members. In this article, we are going to explain how the probate process works if you have to open a probate in another state first and then…

Roblox is Stealing your Kids Biometric Data

Hello, parents of Roblox players. I feel that your kids have been conned into giving away a lot of very personal information, biometric data, to a company that has no qualms about taking it from minors. That company is “ROBLOX”. It is a popular online game enjoyed by many children. Why Should This Concern Me?…

Mazda3 Brake Defect: Do You Qualify?

Do you currently own or lease a 2019, 2020, 2021, or 2022 Mazda3? Has your car ever applied the brakes out of the blue? The automatic or smart braking systems (SBS) in Mazda 3 sedans and hatchbacks from the 2019-2022 models might be defective and can suddenly stop the vehicle without warning when there is…

Fear of Losing Control

My job as an estate and elder law attorney brings me into contact with people on a daily basis who have decided to begin their end-of-life planning. As a part of the initial conversation I have with clients, I usually ask what made them decide to do this planning now. After all, many of them…

Arkansas Power of Attorney Guide: Find Out How it Works!

We often deal with clients who need an estate plan, but don’t realize they need what’s called a “power of attorney” or “POA.” One of the main questions we ask when we draft estate plans is, “who do you want to take care of your money when you can’t do it yourself?” This is a…