Does Arkansas allow federal bankruptcy exemptions?

Asked by: Giles Legros Sr.  |  Last update: February 19, 2022
Score: 5/5 (59 votes)

Arkansas is one of the few states which allows you to choose between federal and state bankruptcy exemptions. You must pick one or the other. You cannot cherry-pick items from each list.

What is exempt from bankruptcy in Arkansas?


The two homestead exemptions are: Anyone can exempt real or personal property that he or she or a dependent uses as a residence. For unmarried debtors, the exemption is limited to $800 in value. For married debtors, the exemption is limited to $1,250.

What are federal exemptions for bankruptcy?

For example, the federal bankruptcy exemptions allow you to exempt up to $13,400 in household goods, furnishings, appliances, clothes, and books. This is the total amount of value you can retain in this category during your Chapter 7 bankruptcy. But, there's also a $625 per item exemption limit.

Can I keep my car if I file Chapter 7 in Arkansas?

In Arkansas, people also have the option to choose between the state's exemptions and the federal exemptions. So can I file bankruptcy and keep my house and car? In most cases, yes you can.

What are state and federal non bankruptcy exemptions?

The federal nonbankruptcy exemptions are federal exemption laws that exist outside of the Bankruptcy Code and protect property from creditors even if no bankruptcy case has been filed. By contrast, federal bankruptcy exemptions are listed in the Bankruptcy Code and provide protection only in a bankruptcy proceeding.

Arkansas Bankruptcy Exemptions Explained

25 related questions found

What are the dollar limits for bankruptcy in California?

If your total monthly income over the course of the next 60 months is less than $7,475 then you pass the means test and you may file a Chapter 7 bankruptcy. If it is over $12,475 then you fail the means test and don't have the option of filing Chapter 7.

Can non residents use California bankruptcy exemptions?

California homestead law drives bankruptcy exemptions even for those who no longer live in California. Strange, when the homestead statute was state law originally written for Californians. Two things have expanded its reach: bankruptcy “reform” and the concept of extraterritoriality.

Will a credit union finance a car after Chapter 7?

Buying a Car After Bankruptcy. ... Yes, auto loan lenders don't exclude those who have gone through bankruptcy. However, you'll pay higher interest rates if you finance the vehicle after receiving a bankruptcy discharge.

Are auto loans dischargeable?

A charged-off car loan is like any other vehicle loan in bankruptcy. If the lender has already repossessed the car, or if you're willing to turn it in, you can discharge (wipe out) the loan in your bankruptcy case.

How many federal exemptions should I claim?

You can claim anywhere between 0 and 3 allowances on the 2019 W4 IRS form, depending on what you're eligible for. Generally, the more allowances you claim, the less tax will be withheld from each paycheck. The fewer allowances claimed, the larger withholding amount, which may result in a refund.

Which of the following debts is non dischargeable in bankruptcy?

Nondischargeable debt is a type of debt that cannot be eliminated through a bankruptcy proceeding. Such debts include, but are not limited to, student loans; most federal, state, and local taxes; money borrowed on a credit card to pay those taxes; and child support and alimony.

What is a wildcard exemption?

A Wildcard Exemption Lets You Choose the Property You Protect. A true wildcard exemption isn't limited to a specific property type. You can use it to exempt any property of your choosing. For instance, you'll decide whether to use it on your car, money in the bank, expensive artwork, or any other asset you own.

What is Arkansas debt relief?

Arkansas Resident Debt Relief. InCharge provides free, nonprofit credit counseling and debt management programs to Arkansas residents. If you live in Arkansas and need help paying off your credit card debt, InCharge can help you.

What is Chapter 7 bankruptcy in Arkansas?

Chapter 7 bankruptcy is a liquidation where the trustee collects all of your assets and sells any assets which are not exempt. (see Arkansas Exemptions) The trustee sells the assets and pays you, the debtor, any amount exempted.

How much does it cost to file Chapter 7 bankruptcy in Arkansas?

The court filing fee for a Chapter 7 bankruptcy in Arkansas is $338. But you can apply to have this fee waived if you meet certain eligibility requirements. Generally speaking, to be eligible for the fee waiver, your income must fall below 150% of the federal poverty guidelines.

How soon can you buy a car after filing Chapter 7?

Ideally, you should at least wait about six months before you apply for an auto loan. That gives you time to repair your credit and rebuild credit, too. You make payments on any loans you have left to build a positive credit history. If possible, you can get a secured credit card to build more credit history faster.

How long after Chapter 7 can I refinance my car?

If you've had a bankruptcy discharged, and then successfully took out a bad credit auto loan after, when can you refinance it? You can refinance a post-bankruptcy car loan, but you generally have to wait for at least a year to pass in order to qualify – as is the case for any other auto loan.

What states protect your home from creditors?

Some states, such as Florida, Iowa, Kansas, Oklahoma, South Dakota and Texas have provisions, if followed properly, allowing 100% of the equity to be protected. Other states, such as New Jersey and Pennsylvania do not offer any homestead protection.

Which of the following is the lowest priority of claims in bankruptcy?

General unsecured claims have the lowest priority of all claims. After the bankruptcy estate pays administrative expenses, priority unsecured claims and secured claims, general unsecured creditors will receive a pro rata distribution of the remaining funds.

Can creditors take your house in California?

If you do not pay the judgment, the judgment creditor can garnish or "seize" your property. The judgment creditor can get an order that tells the Sheriff to take your personal property, like the money in your bank account or your car, to pay the judgment.

What are exempt assets in Chapter 7?

Exempt property (items that a debtor may usually keep) can include: Motor vehicles, up to a certain value. Reasonably necessary clothing. Reasonably necessary household goods and furnishings.

How do you pass Chapter 7 means test?

After subtracting all the allowed expenses from your “current monthly income,” the balance is your “disposable income.” If you have no disposable income — your allowed expenses exceed your “current monthly income” — then you've passed the means test.

What is the means test for Chapter 7?

The bankruptcy means test determines whether you're eligible for Chapter 7 bankruptcy. The bankruptcy means test determines who can file for debt erasure through Chapter 7 bankruptcy. It takes into account your income, expenses and family size to determine whether you have enough disposable income to repay your debts.

Is there a statute of limitations on debt in Arkansas?

In Arkansas, written contracts have a statute of limitations of 5 years. However, if a consumer is convinced to make a payment by a collector, the statute of limitation period begins anew as a partial payment or written acknowledgement of default of the debt tolls this statute of limitations (A.C.A. 16-56-111).

How long can a debt collector legally pursue old debt in Arkansas?

In Arkansas, the statute of limitations for a written contract is five years from date of default.