How do I declare bankruptcy in Arkansas?

Asked by: Dr. Catherine Howell  |  Last update: March 14, 2026
Score: 4.8/5 (35 votes)

To declare bankruptcy in Arkansas, you must first take a credit counseling course, then file a bankruptcy petition with the Arkansas bankruptcy court along with extensive financial documents (income, debts, assets, expenses, tax returns). Key steps involve passing the Chapter 7 means test if needed, completing and filing official court forms, paying filing fees (or applying for a waiver), and attending the Meeting of Creditors (341 meeting) after filing to get your automatic stay and discharge debts.

How much does it cost to file bankruptcy in Arkansas?

Chapter 13 filing fee is $313. Chapter 7 filing fee is $338. For Chapter 13, if you cannot afford to pay this upfront, we can file a petition with the court allowing you time to pay the filing fee out in weekly installments. Bankruptcy law requires you to do credit counseling before the case can be filed.

How much do I need to be in debt to declare bankruptcy?

There is no minimum debt to file bankruptcy, so the amount does not matter. Examples of unsecured debts include credit card debt, cash advance (payday) loans, and medical bills. Secured debts: If you are behind on a house or car payment, this may be a very good time to file for bankruptcy.

What happens if you file bankruptcy in Arkansas?

Upon filing, the court will assume legal control of your debts and any property not covered by your Arkansas exemptions. A trustee will be appointed to your case by the court. The job of the trustee is to see that your creditors are paid as much as possible.

What is the income limit for bankruptcy in Arkansas?

November 19, 2025

The Arkansas Chapter 7 bankruptcy income limit ranges from $56,923 for 1 person to over $115,000 for a household size of 6. Below is a quick estimate to check the median income limit.

How to File Bankruptcy in Arkansas Without An Attorney

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What disqualifies you from filing for bankruptcy?

You can be disqualified from bankruptcy for recent filings, fraud (hiding assets, lying), failing required credit counseling, excessive income (for Chapter 7), or not completing paperwork, with specific rules for Chapter 7 (means test) vs. Chapter 13 (debt limits) and strict honesty required throughout the process to avoid dismissal or penalties. 

How to file bankruptcy for free in Arkansas?

How To File Bankruptcy in Arkansas for Free

  1. Collect Your Arkansas Bankruptcy Documents.
  2. Complete the Bankruptcy Forms.
  3. Take the First Required Course (Credit Counseling Course)
  4. Get Your Filing Fee.
  5. Print Your Bankruptcy Forms.
  6. File Your Forms With the Arkansas Bankruptcy Court.
  7. Mail Documents to Your Trustee.

What do I lose when I declare bankruptcy?

In bankruptcy (especially Chapter 7), you risk losing non-exempt assets like second homes, extra vehicles, valuable collections (art, jewelry), and non-retirement investments, as a trustee sells them for creditors; however, exemptions protect essentials (basic home equity, one car, tools, retirement funds), meaning most people keep their necessary belongings, with the main losses being credit score and future borrowing power. You also lose control over your finances temporarily, but gain freedom from most debts through a discharge, which stops creditor collection actions. 

How much do you pay monthly for bankruptcies?

Monthly payments in bankruptcy (mostly Chapter 13) vary widely, typically from a few hundred dollars to over $1,000, depending on your income, debts (especially mortgage/car arrears), and assets, with average payments often cited around $500-$600, but potentially much higher if catching up on secured loans or with higher income. Chapter 7 has no monthly plan payments; you just pay filing fees and attorney costs upfront, with the trustee liquidating non-exempt assets. 

What cannot be wiped out by bankruptcies?

Debts that generally cannot be discharged in bankruptcy include child support, alimony, most student loans, certain recent taxes, court-ordered fines and restitution, debts from fraud, and personal injury judgments from DUI-related incidents; these obligations are prioritized by law or result from wrongful conduct and must usually be repaid. 

What can they take during bankruptcy?

What Can They Take During Bankruptcies?

  • All necessary clothing for you and your dependents with no dollar limit.
  • Household furnishing and appliances up to $14,180.
  • Tools and property used to earn a living to a maximum of $14,405.
  • One motor vehicle not exceeding a value of $7,117.

Should I file bankruptcy if I owe $20,000?

The bottom line. Being $20,000 in credit card debt doesn't automatically mean you need to file for bankruptcy but it does mean you should take your situation seriously. Bankruptcy can offer a clean break, but it also comes with long-term consequences for your credit and finances. For some, it's the best path forward.

What are the alternatives to bankruptcy?

Alternatives to Bankruptcy

  • Bankruptcy Basics. Let's get started with the basics. ...
  • Debt Counseling & Debt Management Plans. ...
  • Debt Settlement. ...
  • Liquidating Assets. ...
  • Debt Consolidation Loan. ...
  • Increasing Income. ...
  • Lifestyle Changes. ...
  • One Size Does Not Fit All.

What is the average monthly payment for bankruptcy?

Monthly payments in bankruptcy (mostly Chapter 13) vary widely, typically from a few hundred dollars to over $1,000, depending on your income, debts (especially mortgage/car arrears), and assets, with average payments often cited around $500-$600, but potentially much higher if catching up on secured loans or with higher income. Chapter 7 has no monthly plan payments; you just pay filing fees and attorney costs upfront, with the trustee liquidating non-exempt assets. 

What is the 2 year rule for bankruptcy?

The "bankruptcy 2-year rule" primarily refers to the waiting period for filing another Chapter 13 bankruptcy, requiring two years from the filing date of the first Chapter 13 case before a second discharge is granted in the new one, though the process can still stop foreclosures. There's also a less common 2-year rule for fraudulent transfers (clawbacks) by a bankruptcy trustee, and specific timeframes for discharging tax debts, often involving 3 years for filing and 240 days for assessment. 

What assets are not protected in bankruptcy?

In bankruptcy, exempt assets you can generally keep include essential household goods, clothing, a vehicle (up to a limit), retirement accounts (401(k)s, IRAs), tools for your trade, burial plots, health aids, and certain government benefits like Social Security, with specific amounts protected by federal and state laws, especially for your primary home (homestead exemption). Exemptions vary significantly by state, so rules for your primary residence, car equity, and other property will depend on where you live.
 

What disqualifies you from filing bankruptcies?

You can be disqualified from bankruptcy for recent filings, fraud (hiding assets, lying), failing required credit counseling, excessive income (for Chapter 7), or not completing paperwork, with specific rules for Chapter 7 (means test) vs. Chapter 13 (debt limits) and strict honesty required throughout the process to avoid dismissal or penalties. 

What gets wiped out in bankruptcies?

Bankruptcy clears most unsecured debts like credit card bills, medical debt, and old utility bills, giving you a "fresh start" by legally eliminating your responsibility to pay them, but it generally doesn't discharge debts like recent taxes, child support, alimony, or most student loans, and it doesn't eliminate liens on secured property.
 

Will Chapter 13 take all my money?

No, Chapter 13 bankruptcy does not take all of your income. This type of bankruptcy is designed to create a sustainable repayment plan, not to leave filers destitute, and, as a result, it only requires you to put your disposable income toward the repayment plan, which stretches over three to five years.

What do you lose when you declare bankruptcy?

In bankruptcy (especially Chapter 7), you risk losing non-exempt assets like second homes, extra vehicles, valuable collections (art, jewelry), and non-retirement investments, as a trustee sells them for creditors; however, exemptions protect essentials (basic home equity, one car, tools, retirement funds), meaning most people keep their necessary belongings, with the main losses being credit score and future borrowing power. You also lose control over your finances temporarily, but gain freedom from most debts through a discharge, which stops creditor collection actions. 

What kind of debt is not forgiven by bankruptcy?

Debts resulting from fraud, theft, or embezzlement. Court-ordered fines, penalties, or restitution. Most tax debts (some older tax debts may be dischargeable). Debts that were not listed in your bankruptcy petition (unless the creditor learns of your bankruptcy case).

What all goes away when you file bankruptcy?

Bankruptcy clears most unsecured debts like credit card bills, medical debt, and old utility bills, giving you a "fresh start" by legally eliminating your responsibility to pay them, but it generally doesn't discharge debts like recent taxes, child support, alimony, or most student loans, and it doesn't eliminate liens on secured property.
 

What is the 910 day rule for bankruptcy?

The "910-day rule" in bankruptcy prevents debtors from "cramming down" (reducing) a car loan to the vehicle's actual value if they bought the car for personal use within 910 days (about 2.5 years) of filing for bankruptcy, protecting lenders from abuse. This rule, part of the 2005 BAPCPA law, applies to purchase-money loans for personal vehicles, meaning you generally can't reduce the loan amount via a cramdown until after that period, though exceptions exist for business vehicles or non-purchase money loans.
 

Which bankruptcy clears all debt without paying?

The Chapter 7 Discharge

A discharge releases individual debtors from personal liability for most debts and prevents the creditors owed those debts from taking any collection actions against the debtor.

What is the cheapest way to file for bankruptcy?

The cheapest way to file bankruptcy is usually Chapter 7, potentially costing under $500 by filing pro se (without a lawyer) using free court forms, seeking a fee waiver or installment plan for the $338 court fee, taking required courses, and potentially using free legal aid like Upsolve, though a lawyer is often recommended due to complexity. For those with regular income, Chapter 13 might be cheaper upfront (around $360) and allow attorney fees to be paid in the plan, but Chapter 7 is generally the lowest-cost path if you qualify.