Arkansas Law Blog

Bankruptcy

Bankruptcy | Student Loans and other Unforgivable Debts

It’s one of the most commonly asked student loan questions: Can you discharge your student loans in bankruptcy? The short answer: normally no, student loans are not dischargeable. Student loans are now the second highest consumer debt category – behind mortgages, but ahead of credit card debt. Unlike other consumer debt such as credit card and mortgage debt, however, student…

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Bankruptcy

Filing Bankruptcy and Retirement Accounts

What happens to your retirement funds if you file bankruptcy before you retire? How about during retirement? Is your Social Security income at risk? Does bankruptcy even make sense for seniors? Here are the answers to five common questions about retirement in bankruptcy.   How Will Filing Bankruptcy Affect My Retirement Funds? Retirement accounts will probably will not be affected….

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Bankruptcy

What do I have to include when filing for bankruptcy?

The short answer – Everything! But it’s going to be ok.  Including it in your filing doesn’t mean you can’t keep your stuff.   Assets | Do I have to include all of my property when filing bankruptcy? We’ll start with what everyone is worried about. Keeping their stuff. You do need to list everything you own but including it…

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Criminal Law

Arkansas Open Container Laws

Can I have an open container of alcohol in my vehicle while driving in Arkansas? Up until 2017, the answer was yes. But the recently passed HB 1001 changes that. Now, it is illegal for passengers to have an open alcoholic beverage while on a highway or other public road. It is legal to have an open alcohol container if…

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Family Law

Can an Arkansas Divorce Court Divide Retirement Accounts?

One of the most frustrating conversations that I have with divorce clients is about his or her retirement accounts. Everyone knows that you must split the house and the bank accounts and the debt, but it is offensive to most people when they learn that you may have to split your retirement during a divorce, too. Most of us have…

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Family Law

Arkansas Alimony Laws

Yes, there is alimony in Arkansas. Always has been and there always will be. Note: This is another good reason to make sure that you get your legal information from a lawyer (or at least a good lawyer’s website). I regularly speak to people who are convinced that there is none in Arkansas. Citation: Uncle Joe, who went through a…

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Family Law

How Do Arkansas Laws Determine Child Support?

To determine child support you can use the calculator below. Select or enter the appropriate information next to each statement. When you have completed the form, click on the calculate button to get an estimate of the amount of determined child support that the non-custodial parent will have to pay to the custodial parent in Arkansas. How much does a…

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Family Law

Arkansas Divorce Myths and Facts

If you are thinking about or going through a divorce in Arkansas, you will receive free advice from many sources and a lot of it will be wrong.   Most of us know someone that has been divorced and they will often give advice (whether you ask for it or not). Arkansas divorce law can be difficult to fully understand.  If…

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Estate Planning

Is My Financial Advisor Practicing Law?

Through the years I have drafted estate plans and asset protection plans only to have a client call and question the validity of the plan based upon a conversation with a friend or relative.  If the conversation starts out something like this: “ I spoke with my brother-in-law and he says…”, my usual response is something like this: “Unless your…

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Elder Law

What is a “Miller Trust?”

Miller Trust is a type of trust used to qualify a Medicaid applicant for Medicaid when the Medicaid applicant’s income exceeds the state published Income Cap.  In Arkansas, the “Income Cap” (a phrase with a specific meaning for Medicaid purposes) as of the date of this article is $2,250. This means any applicant for Medicaid is not qualified so long…

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