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Arkansas Bankruptcy: What is a Section 341 Meeting of Creditors?

Covid-19 Loans and Bankruptcy

Many businesses were hit hard by the COVID-19 Pandemic. The Federal Government, through the Small Business Administration, tried to ease the burdens put on these businesses by issuing loans. There were two main types of loans that were issued. The commonly known Paycheck Protection Program Loans (“PPP Loans”) and the lesser known COVID-19 Economic Injury…

What Homeowners Need to Know about Mortgage Modification Options

If you’re facing financial difficulties and are at risk of defaulting on your home mortgage loan, you may be considering mortgage modifications. Whether it’s due to financial hardship or simply wanting a lower mortgage payment, a mortgage loan modification can be a helpful way to make your home loan monthly payment more manageable. But what…

What are the Effects of Foreclosure in Arkansas?

The primary consequence to consider in the event of a foreclosure sale is, naturally, losing one’s home. However, it goes beyond that—there are many more unfortunate effects associated with a foreclosure. Many people who are behind on their mortgage payment may fear the foreclosure process and try to avoid foreclosure with loss mitigation or a…

Which Type of Bankruptcy is Right for Me?

Many people find filing for bankruptcy to be extremely difficult. It isn’t so much the actual act of filing a bankruptcy and proceeding with it, though that certainly has its challenges. For many people, the difficult part is admitting that they would benefit from bankruptcy in the first place. If you are facing debts that…

Can Non-US Citizens File Bankruptcy?

Absolutely! Even non-citizens can file bankruptcy in the US. According to 11 U.S.C §109, you only need to have a residency or business address here, or own property of some sort; it does not require any form of established status within the country if you’re filing individually or as a business entity. Can Undocumented Immigrants…

How Many Mortgage Payments Can I Miss Before Foreclosure?

You are usually delinquent on your mortgage payment by 120 days before the foreclosure process begins. But this number can be different depending on other things, such as your lender’s particular policies and the state of the housing market in your area at the time. Missed mortgage payments can stress anyone out. The thought of…

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…

Medication Errors Can Lead to Pharmacist License Suspension

One of the moments a pharmacist fears the most is making an error with a medication. This moment can be one of the easiest ways to put your pharmacist license in jeopardy. Pharmacists play a crucial role in critical care, ensuring that patients receive the correct medications and doses. However, medication errors can occur, and…

Do I Need a Lawyer to File an EEOC Claim?

No, you do not have to have a lawyer to file a charge through an EEOC claim. However, hiring a lawyer to file an EEOC charge of discrimination still could have some benefits to you. In this blog post, we will explore the EEOC claim filing process and the benefits of hiring a lawyer in…

Can I Be Fired for Filing an EEOC Complaint?

No, your employer is not allowed to terminate you because you filed a complaint. It is specifically illegal for an employer to retaliate against an employee for filing a complaint with the Equal Employment Opportunity Commission (“EEOC”). Also, it is illegal to fire an employee for participating in an investigation, complaint or lawsuit related to discrimination or harassment…

Can I File for Unemployment in Arkansas if I’m an Independent Contractor?

No, a true independent contractor isn’t eligible for unemployment benefits. However, many people are miscategorized as self-employed independent contracts when they are really employees. Many “independent contractors” do not realize the law considers them employees, and they qualify for unemployment benefits. Employers pay state and federal unemployment taxes to fund employee benefits. If you are…

What is Considered Sexual Harassment at Work?

Defining Workplace Sexual Harassment Unwanted sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature are all considered workplace sexual harassment. Sexual harassment is defined by a federal law called Title VII. The law goes on to explain that behavior constitutes sexual harassment when conduct explicitly or implicitly affects…

Can I Sue my Employer for Making Me Work During Breaks?

In general, and in most states, rest break laws say that an employer can require employees to work during rest breaks, but there are certain rules that must be followed. For example, according to California law, employers must allow nonexempt employees to take a rest break that must, as long as practical, be taken in…

Arkansas Learns Plan – Teachers Need to Read it. 3/8/23 UPDATE***

The Arkansas Learns plan will “Repeal the Arkansas Teacher Fair Dismissal Act.” This plan will take away teachers’ right to a school board hearing about their job.

Can You Sue Your Employer for Unpaid Wages?

It is possible to sue your previous or old employer for unpaid wages if you can show that you were not paid the wages that you were owed. However, before going straight to filing a lawsuit, you may want to try to resolve your problem through other ways first, like trying to contact your former…

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,…

Is it Mandatory to Probate a Will?

The short answer is YES, though there are some exceptions. Before we dive into the details of why, let’s first look into what Probate is exactly. What is the Probate Process? Probate is the legal process or procedure filed with the Circuit Probate Court which governs how a deceased person’s property is distributed. This procedure…

Does a Joint Bank Account Override a Will?

Yes, joint ownership of an account overrides a Will. The joint ownership will be effective over and supersede any directions in your Last Will and Testament regarding a specific account and how those assets are divided. Upon the death of one joint account owner, the other family member on the account, pretty well automatically, becomes…

What Happens to a Bank Account When Someone Dies?

What happens to bank accounts when someone passes away depends on several factors, including the type of account ownership, if there were any joint account owners, if there were any designated beneficiaries, how much was in the account, if there are any debts owed, and whether or not the deceased person had a will or…

What Is the Difference Between a Power of Attorney and an Executor?

In Arkansas, an executor is responsible for carrying out the wishes of a person who has passed away according to the terms of their will. An executor is also known as a personal representative or administrator and is named in the will. The executor can be an individual or multiple people appointed to oversee the…

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…

What is the Purpose of a Deposition in a Divorce?

The purpose of a divorce deposition is to find out what will be said or testified to in court during the divorce proceedings. In a divorce, there are different issues to address. This includes the grounds for divorce, custody, child support, division of marital assets, and debt division. To be as prepared to litigate these…

Can Text Messages Be Used in a Child Custody Case?

Texting is one of the most popular methods of communication in our technology-driven society. Text messages can be quicker and easier than a phone call and are much easier to respond to than an email. It is certainly convenient and helps keep pace with the breakneck speed of technology and life today. However, anyone going…

Why Reading to Kids is So Important

Today is National Dr. Seuss Day and the majority of people reading this probably grew up engrossed in Green Eggs and Ham or One Fish, Two Fish, Red Fish, Blue Fish. In 2018, a video of Migos rapping Wocket in my Pocket came to life showing just how versatile Dr. Seuss’s books can be. The other…

7 Top Reasons for Divorce in Arkansas

According to data from the Arkansas Department of Health, the top 7 reasons people filed for divorce in Arkansas in 2019 were: General incompatibility (20.3% of all divorces filed) Infidelity (14.6% of all divorces filed) Irreconcilable differences (9.5% of all divorces filed) Communication problems (6.5% of all divorces filed) Financial issues (5.9% of all divorces…

How Long Do You Pay Spousal Support?

When two people dissolve their marriage, there are a number of divorce laws that come into play when it comes to financial issues. There are child custody support payments, debt sharing, splitting assets, as well as spousal support payments. Most of these financial issues have a defined dollar amount or length of time that the…

Does Mediation Make Divorce Quicker?

Nobody wants their divorce to take years to come to a conclusion, and most people tend to look for quick solutions and ways to make the process quicker and get their unresolved issues handled. Mediation is a good way to do that, and a good family law divorce attorney or law firm can help you…

Five Ways to Win a Father’s Rights Custody Battle

As a father, taking full custody of your child (or children) is almost always challenging. There must be sound reasons for this action, which usually involves the safety or well-being of your offspring. However, it’s a very doable legal goal for fathers to get sole custody of their children, but you must have your legal…

Can I Refuse to Divorce My Spouse?

In Arkansas, like in most states, a divorce can be initiated by either spouse. This means that one spouse can file for divorce even when the other spouse refuses, however, that does not mean that the other spouse has no say in the divorce proceedings. What Grounds can be Presented in a Divorce Decree? In…

Can a Person Without a Job Get Custody of Their Kids?

When a couple gets divorced, one of the most important decisions that must be made is how custody of any children will be divided. This can be a complex and emotionally charged process, especially if one of the parents is unemployed. How is Child Custody Determined? In Arkansas, child custody is determined based on the…

Can Phone Records be Used as Evidence in a Divorce Case?

Phone records can be used as evidence in a divorce case in Arkansas, but it’s important to understand the rules and limitations for using this type of evidence. What are the Requirements to be Considered Divorce Evidence? In order for a spouse’s cell phone records to be used as evidence, they must meet the requirements…

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…

What Kind of Expenses Can an Executor be Reimbursed For?

If you are the executor of a probate estate you may have paid, or will pay, certain bills or expenses out of your pocket. After someone passes away their bank accounts are usually frozen and Arkansas law states that you should not spend estate funds until a probate is opened or without approval from the…

How Long Can an Estate Stay in Probate?

In most cases, the Arkansas probate process should take less than a year to complete. However, how long the case actually takes depends on many different factors and the specifics of that estate. Generally speaking, we tell our clients that about the fastest that we can complete a probate case is approximately 7-8 months. This…

Is it Mandatory to Probate a Will?

The short answer is YES, though there are some exceptions. Before we dive into the details of why, let’s first look into what Probate is exactly. What is the Probate Process? Probate is the legal process or procedure filed with the Circuit Probate Court which governs how a deceased person’s property is distributed. This procedure…

What Happens to a Bank Account When Someone Dies?

What happens to bank accounts when someone passes away depends on several factors, including the type of account ownership, if there were any joint account owners, if there were any designated beneficiaries, how much was in the account, if there are any debts owed, and whether or not the deceased person had a will or…

What Is the Difference Between a Power of Attorney and an Executor?

In Arkansas, an executor is responsible for carrying out the wishes of a person who has passed away according to the terms of their will. An executor is also known as a personal representative or administrator and is named in the will. The executor can be an individual or multiple people appointed to oversee the…

How Long to File Probate After Death?

No one can prepare you for the feelings you’ll experience after the death of a loved one. Along with grief and sadness, you may feel overwhelmed by the responsibilities of settling your loved one’s estate. It’s easy to feel overwhelmed, stressed out, and guilty for taking away time from grieving to deal with the legalities…

What Property Has to Go Through Probate?

It can save you time and money if you know which assets from an estate are not subject to probate. There are different types of assets that do not need to go through probate. If you have been named the administrator or executor of an estate, you will need to make a list of all…

Does Insurance have to go through Probate?

We get asked about probate and non-probate assets all the time. It depends on many different things, but in this blog, we are going to talk about annuities and insurance products. What is life insurance? Life insurance is a type of insurance that is designed to replace a portion or all of a person’s expected…

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…

Apple AirTags Class Action – AirTag Tracking Lawsuit

Apple’s AirTags are $30 wireless devices that help you locate and track things.  They work well, using Apple’s advanced technology and near-universal network of devices to identify where an object is anywhere in the world within a matter of inches. And stalkers know it. Each year, an estimated 13.5 million people are victims of stalking…

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…