Arkansas Bankruptcy Records Online

Are Bankruptcy Records Public Information in Arkansas?

Yes, by the provisions of 11 U.S.C. Section 107(1) Arkansas bankruptcy records are public information that can be viewed and inspected by the general public. 11 U.S.C. Section 112, however, provides an exception that information can be redacted or sealed. The Federal Bankruptcy Court of Arkansas can seal a record to protect an individual from undue risk of identity theft or any other unlawful injury. Redaction is done to conceal information for privacy protection. The court can redact the following details under Rule of Bankruptcy Procedure 9037:

Social security
Tax identification numbers
Birthdates
Names of non-debtor minors
Financial account numbers

How to Get Arkansas Bankruptcy Records

Arkansas bankruptcy records can be accessed online, via mail, or by visiting the courthouse. Parties can access these records online via the Public Access to Court Electronic Records (PACER). To use this service, the requester must first register an account. Upon registration, the user can view, download and print the requested case and docket information. Parties can conduct a nationwide search using the PACER case locator and pay 10 cents per page with a maximum of $3.00. Alternatively, the requester can send a request form to the PACER service center to help search for the relevant record. It costs $30 per search and 10 cents per page if the search result is delivered electronically. If delivered by mail, it costs 50 cents per page. Otherwise, parties can send an email.

Bankruptcy records are maintained by the court’s administrative head, which is the Clerk of the Court. Requesters should contact the Clerk’s office at the Western District of Arkansas at:

Fort Smith
30 South 6th Street
Room 1038
Fort Smith, AR 72901-2437
(479) 783-6833

El Dorado
101 South Jackson Avenue
Room 205
El Dorado, AR 71730-6133
(870) 862-1202

Fayetteville
John Paul Hammerschmidt Federal Building
35 East Mountain Street
Room 510
Fayetteville, AR 72701-5354
(479) 521-6980

Hot Springs
100 Reserve Street
Room 347
Hot Springs, AR 71901-4143
(479) 783-6833

Texarkana
500 North State Line Avenue,
Room 302
Texarkana, AR 71854-5961
(870) 773-3381

Parties can reach the Clerk of Bankruptcy Court, Eastern District of Arkansas at:

Little Rock
500 West Capitol Avenue
Little Rock, AR 72201
(501) 604-5351

Helena
617 Walnut
Helena, AR 72342
(501) 604-5351

Jonesboro
615 South Main Street
Room 312
Jonesboro, AR 72401
(870) 972-4610

The National Archives and Records Administration (NARA) Federal Records Center has stored Arkansas bankruptcy court records filed between 1996 and 2001. The requester should click on the relevant district, input the case number of the required record for a successful retrieval:

What are Arkansas Bankruptcy Records?

Arkansas bankruptcy records are documents that provide information regarding a debtor’s finances at the time the debtor filed for bankruptcy. Arkansas bankruptcy records are public records as required by 11 U.S.C. § 107. They include information such as the debtor’s gross income, the debtor’s expenses, assets, and liabilities. The bankruptcy records can be obtained in person, by phone, or online. Courts that receive bankruptcy filings maintain records of the proceedings, and interested persons may make requests for the records and the courts. Merely viewing the files attracts no charges. However, making copies shall attract charges. Phone requests can be made by calling (866) 222-8029. Online requests are available through the Public Access to Court Electronic Records website (PACER). The user would be required to create an account. The first 150 pages of records viewed annually are free. However, subsequent use attracts a charge of 10 cents for each page.

Bankruptcy in Arkansas

Bankruptcy proceedings in Arkansas are governed by the United States Bankruptcy Code and the Federal Rules of Bankruptcy Procedure. Bankruptcy cases fall within the exclusive jurisdiction of federal courts and so must be brought before a unit of the federal district court. There are bankruptcy courts in the district of Arkansas to determine bankruptcy proceedings. During the proceedings, the judge would attempt to ensure that the debtor is not abusing the process. Courts have a duty to ensure that debtors who can afford to pay their debts do not use the bankruptcy law to avoid their obligations. The different kinds of bankruptcy filings have their requirements. However, the court would generally consider the debtor’s income, expenses, assets, and liabilities.

What are the Effects of Bankruptcy?

The effects of bankruptcy proceedings depend on the type of bankruptcy the debtor files for. The debtor may file for a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, or a Chapter 13 bankruptcy. A Chapter 7 bankruptcy requires the liquidation of the debtor’s non-exempt assets to repay the debts. A Chapter 11 and Chapter 13 bankruptcy both require the debtor to make monthly payments towards a repayment plan filed with the court. However, while a Chapter 11 bankruptcy is available to individuals and corporations, only individuals may file Chapter 13 bankruptcies. Debtors interested in filing for bankruptcy in Arkansas can do so in any of the following locations serving their residential area or where they carry out business.

Little Rock
U.S. Bankruptcy Court
300 W. 2nd Street
Little Rock, AR 72201
Phone: (501) 918-5500

Fayetteville
U.S. Bankruptcy Court
Divisional Office
35 E. Mountain Street, Room 316
Fayetteville, AR 72701
Phone: (479) 582-9800

What is the Downside of Filing for Bankruptcy in Arkansas?

A main downside of filing for bankruptcy in Arkansas is that the debtor shall be unable to file for another bankruptcy for some years. The exact period of time depends on the kind of bankruptcy the debtor files. However, the time period is generally between seven and ten years. A debtor should consider whether it is important for them to file for bankruptcy at that point in time and ensure that they would not need to file another bankruptcy for at least a few years after that. Other downsides to filing for bankruptcy in Arkansas include:

The debtor may lose some assets. In a Chapter 7 bankruptcy, the debtor’s assets are sold by the case trustee to pay the debts to the extent that can be covered. Other bankruptcy filings usually involve appointing a trustee or making the debtor a trustee to regulate how the assets are used.
A bankruptcy filing may appear on the debtor’s credit report for some time. The exact period of time depends on the kind of bankruptcy the debtor files. However, it is usually between seven and ten years. The debtor’s credit report shall be available to financial institutions within that time with the bankruptcy filing.
A bankruptcy filing can lead to a drop in the debtor’s credit score, affecting the debtor’s ability to obtain credit.
A bankruptcy filing does not discharge all debts. Penalties, bankruptcy filing fees, some taxes, and mortgages are some payments that remain.

A debtor seeking to file for bankruptcy in Arkansas should consider the downsides and how the consequences may affect the debtor. However, these should not dissuade all debtors. A bankruptcy filing can help a debtor unable to pay their debts to obtain a fresh financial start. This can help the debtor to improve their circumstances and escape debt. Some upsides of a bankruptcy filing include:

A majority of the debtor’s debts are rescheduled or discharged after a bankruptcy filing.
A debtor can use a bankruptcy filing to keep property that would otherwise have been taken away from them.
A bankruptcy filing makes the court issue an automatic stay order. Once the order is issued, creditors shall be unable to enforce the repayment of debts. This includes preventing repossession, foreclosure, legal action, and telephone calls.
A debtor can improve their credit score with a bankruptcy filing in Arkansas. A bankruptcy filing may cause a fall in the debtor’s credit score shortly after filing. However, this would still occur if the debtor consistently defaults on their debt obligations. With bankruptcy, the debtor can discharge the debts and restart without debt.

What Do Arkansas Bankruptcy Records Contain?

A requester should expect to see the following information when they request bankruptcy records in Arkansas:

The case number
The debtor name
Debtor's social security number (last four digits)
Chapter filed
Date filed
Nature of case filed
The assets information of the debtor
Debtor's attorney (if represented)
The trustee assigned to the case
The judge assigned to the case
Status of case
Date of discharge
Dismissal
Any other basic case information

Where to Conduct a Free Bankruptcy Case Search in Arkansas

In Arkansas, interested persons can conduct a free bankruptcy case search by:

Using the Multiple Court Voice Case Information System (McVCIS): The McVCIS is a free automated phone system maintained by the United States bankruptcy courts in the eastern and western districts of Arkansas. The system provides callers with limited information and details about bankruptcy cases filed in Arkansas. These include and are not limited to the bankruptcy’s case number, debtor name, last 4 digits of debtor's Social Security number, and the chapter of bankruptcy filed. Record seekers can call the toll-free number (866) 222-8029 to use the McVCIS.
Public Access to Court Electronic Records (PACER): This is a centralized online public access service that allows record seekers search for federal appellate, district, and bankruptcy cases records. Record seekers need to register an account with PACER to use its services. Users should that PACER services are not entirely free. The cost to access case records is $0.10 per page. However, if a user incurs charges of $30 or less quarterly during the year, the charges are waived.

Record seekers looking for an alternative to government sources may obtain bankruptcy records from third-party websites. These non-governmental websites often come with tools that help simplify the search for single or multiple records. However, record availability on third-party sites tends to vary because they’re independent of government sources. To obtain bankruptcy case information using third-party sites, record seekers may need to provide:

A complete name of the debtor involved in the record
A bankruptcy case number

How Do I Find Out if My Bankruptcy Case is Closed in Arkansas?

The ultimate goal when filing for bankruptcy relief is to discharge a debt, however, the discharge does not end a bankruptcy case. Until the case is closed by the court’s order, the debtor’s assets do not transfer back. A case can also be closed when the principal party decides not to proceed with the case.

To know the status of the case, the debtor can use the following options to find out:

Contact the Clerk's office of the Eastern District of Arkansas and the Western District of Arkansas at the address provided above:
Use of PACER; and
Use of McVCIS databases.

Can a Bankruptcy Be Expunged in Arkansas?

Expungement is a legal process that erases an official record. Even though expungement is rare in bankruptcy court, the provisions of 11 U.S.C. § 105 allow the court to make orders or judgments necessary in determining a bankruptcy case justly. Bankruptcy records are public information, but 11 U.S.C. § 107 gives the court the power to redact some of these records to protect some confidential information or a party from scandalous or defamatory content. Parties can download the Request for Redaction and send the completed form to the courthouse.

What is Chapter 11 Bankruptcy in Arkansas?

A Chapter 11 bankruptcy in Arkansas lets a debtor keep their assets and continue their business while reorganizing to repay creditors. The reorganization plan is to be filed with the court after filing for bankruptcy. If approved by the court, the debtor becomes a “debtor-in-possession”. No case trustee is appointed for a Chapter 11 bankruptcy as the debtor exercises the powers and duties of a trustee. The debtor has the duty to make reports and account for how the assets are used. The creditors are allowed to vote on the reorganization plan. The debtor should also file a repayment plan which details how the debts would be paid over a period of years. 11 U.S.C. § 302(a) allows a married couple to jointly file for a Chapter 11 bankruptcy.

There are voluntary and involuntary Chapter 11 bankruptcy filings. A voluntary filing is made pursuant to 11 U.S.C. § 301 by the debtor. An involuntary filing, on the other hand, involves a petition made by the creditors to the bankruptcy court pursuant to 11 U.S.C. § 303. A voluntary petition is filed with Form B 101. The debtor may also be required by the court to file the following.

A documentation of all assets and liabilities of the debtor
A documentation of the debtor’s income and expenditure
A documentation of executory contracts and unexpired leases the debtor is a party to
The debtor’s financial statement

An individual or married couple filing together may also need to file:

A certificate showing that the debtor passed through credit counseling within six months of filing for bankruptcy
Any interest that debtor has in a state or federal qualified education or tuition account
Record of payment received from an employer within two months of filing for bankruptcy
Any expected increase in income or expenses

Who Files for a Chapter 11 Bankruptcy in Arkansas?

A debtor or three creditors jointly acting can file for a Chapter 11 bankruptcy in Arkansas. The debtor should file a reorganization plan with the court after filing for a Chapter 11 bankruptcy. 11 U.S.C. § 1121(b) requires debtors that are not small business debtors to file a reorganization plan within 120 days. However, the court may discretionary extend or reduce the time period within which the debtor should file the reorganization plan. However, the time within which the debtor is to file for the reorganization plan after filing for bankruptcy should not extend beyond 18 months in accordance with 11 U.S.C. § 112 (d). After the period of time has passed for filing the reorganization plan, creditors may file a competing proposal.

Why File for Chapter 11 Bankruptcy in Arkansas?

A Chapter 11 bankruptcy in Arkansas allows a debtor to reschedule the payments for their debts and even potentially reduce the amount that should be paid to discharge the debts. This is an option for businesses that are likely to make profits in the near future. It can allow them to prevent liquidation. It may also be used to increase the amount of debt that is paid by continuing to carry on business for some time before liquidating. The creditors are unable to collect any amount under the debt outside of the repayment plan and cannot harass the debtor for repayment.

What is Chapter 7 Bankruptcy in Arkansas?

A Chapter 7 bankruptcy in Arkansas is a kind of bankruptcy that involves the liquidation of the debtor’s assets to repay creditors. The assets which are included in the exemption list can be kept by the debtor. The court appoints a case trustee to gather and sell the non-exempt assets and then repay the creditors with the proceeds to the extent that it can cover. Once this is done, a majority of the debts are discharged completely.

The case trustee plans a meeting of the creditors. The judge is not to be present at the meeting to avoid potential bias. However, the case trustee would report to the judge on the details of the meeting and if the case trustee believes the filing is abusive. In the meeting, the case trustee would ensure that the debtor has a full understanding of the results of filing for bankruptcy. The case trustee would place the debtor under oath. While the debtor is under oath, the case trustee and the creditors may ask questions regarding the debtor’s finances. The debtor may also need to file the following with the court.

A documentation of all assets and liabilities of the debtor
A documentation of the debtor’s income and expenditure
A documentation of executory contracts and unexpired leases the debtor is a party to
The debtor’s financial statement

Debtors with primarily consumer debts as opposed to business debts may also be required to additionally file the following.

A certificate showing that the debtor passed through credit counseling within six months of filing for bankruptcy
Any interest that debtor has in a state or federal qualified education or tuition account
Record of payment received from an employer within two months of filing for bankruptcy
Any expected increase in income or expenses

Do I Qualify for a Chapter 7 Bankruptcy in Arkansas?

Individuals, married couples, partnerships, and corporations are qualified for a Chapter 7 bankruptcy in Arkansas. However, the court may apply the means test if the debtor’s income is above the median in Arkansas. The purpose of applying the test is to ensure that the debtor is not abusing the bankruptcy process. The test considers the debtor’s income, expenses, assets, and liabilities to determine if the debtor can comply with their debt obligations without a bankruptcy filing. A debtor that is eligible for a Chapter 7 bankruptcy may file for it regardless of the amount of debt. The debtor should have gone through credit counseling in an approved institution within six months of filing for bankruptcy. No debtor can file for bankruptcy if they had a bankruptcy case dismissed within six months because they willfully failed to appear before the court or disobeyed a court order.

Why File for Chapter 7 Bankruptcy in Arkansas?

A Chapter 7 bankruptcy in Arkansas allows a debtor to obtain a fresh financial start through a discharge of a majority of their debts. While the debtor may lose some assets, they will retain some of their most important possessions. These possessions may otherwise be lost without a bankruptcy filing when the creditors attempt to enforce recollection of their debts. Also, not all debts are discharged through a Chapter 7 bankruptcy, but it discharges a majority of debts.

What is Chapter 13 Bankruptcy in Arkansas?

A Chapter 13 bankruptcy in Arizona is a kind of bankruptcy for individuals that allow the debtor to retain their assets and pay their debts with future earnings. A debtor can use a Chapter 13 bankruptcy to reschedule debt payments and potentially reduce the amount of debt to be paid. It may also be used to stop interest from accruing on debts. However, the debtor should have disposable income that can be committed to making monthly payments towards the debts. The total amount paid in a Chapter 13 bankruptcy should not be less than what would have been paid under a Chapter 7 bankruptcy. The repayment plan is filed after filing for bankruptcy and usually spans three to five years.

The court may require the debtor to file the following documents.

A record of the debtor’s liabilities and assets
A record of the debtor’s income and expenditure
A record of executory contracts and unexpired leases the debtor is a party to
The debtor’s financial statement.

Do I Qualify for a Chapter 13 Bankruptcy in Arkansas?

Individuals or married couples with secured debts, not more than $1,184,200 and unsecured debts not more than $394,725 are eligible for a Chapter 13 bankruptcy in Arkansas. The debtor is required to have passed through credit counseling in an approved credit counseling institution within six months of filing for bankruptcy. No debtor can file for bankruptcy if they had a bankruptcy case dismissed within six months of filing for disobedience of a court order or willful failure to appear before the court.

Why File for Chapter 13 Bankruptcy in Arkansas?

A Chapter 13 bankruptcy in Arkansas lets an individual or married couple reschedule their debts through a repayment plan and pay the debts over a period of time. The total payments to be made may also be reduced. Debtors can use a Chapter 13 bankruptcy to retain property they may otherwise lose, such as their homes, while preventing the complete liquidation required under a Chapter 7 bankruptcy.

What is the Difference Between Chapter 7 and Chapter 13 Bankruptcy in Arkansas?

The major difference between a Chapter 7 and a Chapter 13 bankruptcy in Arkansas is that while a Chapter 7 bankruptcy involves liquidation of the debtor’s assets, a Chapter 13 bankruptcy involves a reorganization plan. In a Chapter 7 bankruptcy, the case trustee appointed by the court gathers and sells the debtor’s non-exempt assets and pays the creditors with the proceeds. After payment, the remainder of the debt is discharged. Debts like some taxes, bankruptcy filing fees, mortgages, and car payments are not discharged. The debtor would still have to make these payments after going through a Chapter 7 bankruptcy. In a Chapter 13 bankruptcy, the debtor files a repayment plan with the court. The creditors get to vote on the repayment plan before the court decides whether to accept or reject the repayment plan. If accepted, the debtor makes monthly contributions to the repayment plan for three to five years. A Chapter 7 bankruptcy can be filed irrespective of the amount of debt. The debtor’s eligibility status is determined by the means test. However, in a Chapter 13 bankruptcy, there is a limit to the amount of secured and unsecured debt.

What is Bankruptcy Protection in Arkansas?

Bankruptcy protection in Arkansas is an automatic stay order issued by the court upon receiving a bankruptcy filing. It prevents creditors from attempting to recollect debts owed to them. The court sends a copy of the order to the creditors listed by the debtor at the addresses provided by the debtor. Creditors that receive the order may face consequences if they default on the order. The order prevents foreclosure, repossession, legal action, enforcement of judgments, and telephone calls. Sanctions for failure to comply with the automatic stay order include:

Court fees
Attorney fees
Fines and other penalties against the creditor for contempt of court
Damages awarded against the creditor

What are Arkansas Bankruptcy Exemptions?

Arkansas bankruptcy exemptions are assets that an individual may keep after going through a Chapter 7 bankruptcy. Arkansas allows debtors to choose between the state and federal exemption lists. However, the debtor cannot cherry-pick items from each list. Only one can be used. The state exemptions provided by Arkansas include:

Homestead exemption. A debtor can retain up to 80 acres of land in a rural area. If the 80 acres of the land is worth less than $2,500, the debtor may retain the amount of land worth $2,500 up to 160 acres of land. In an urban area, the debtor may retain one-quarter of an acre of land. If one-quarter of the land is worth less than $2,500, the debtor may retain land worth $2,500 as long as it is not more than an acre. Alternatively, the debtor may retain real or personal property used for residence up to $800 if the debtor lives alone or $1,250 if the debtor is married.
Insurance benefits exemption. Annuity contracts, disability benefits, fraternal benefit society benefits, group life insurance, and stipulated insurance premiums are fully exempted. Mutual assessment life or disability benefits are exempted up to $1,000. Life, health, accident, or disability cash value or proceeds paid or due are exempted up to $500.
Pension exemption. The pensions of school employees, firefighters, and police officers are fully exempt. Up to $20,000 in IRA accounts are exempted if deposited up to a year before bankruptcy.
Motor vehicle exemption. Up to $1,200 in one motor vehicle.
Public benefits exemption. Benefits to the blind, aged, and persons with disabilities are fully exempt. Crime victim compensation, unemployment compensation, and workers’ compensation are fully exempt.
Personal property exemption. Clothing and wedding bands are exempt.
Tools of trade are exempt up to $750.
Wildcard exemption. The debtor may preserve any property up to $200. If the debtor is married or is the head of a family, then the debtor may preserve any property up to $500.

What are the Other Types of Bankruptcy in Arkansas?

Debtors in Arkansas can file for a Chapter 12 bankruptcy. However, this option is available to only fishermen and farmers. Individuals, married couples, partnerships, and corporations involved in fishing and farming can file for bankruptcy under the Chapter. However, a majority of the debts should have been accrued as a result of the fishing or farming operation. This form of bankruptcy is more streamlined, is simpler, and is less expensive than other forms of bankruptcy. To be eligible for a Chapter 12 bankruptcy, the debt should not be more than $1,924,550 for a fishing operation or $4,153,150 for a farming operation. Besides filing for bankruptcy, there are other debt management options available to debtors. Debtors can reach an out-of-court agreement with creditors on how the debt should be paid. Such an agreement can become binding upon the parties once they have agreed to it. A second option is going through credit counseling. A draft debt repayment plan can be developed during credit counseling and may be used to repay debts.

How Much Does It Cost to File Bankruptcy in Arkansas?

Each type of bankruptcy has a unique filing fee price range as detailed in the fee schedule used by the eastern and western districts of Arkansas bankruptcy courts. The least expensive filing fee is for chapter 12 bankruptcy, which costs $278. Chapter 13 and chapter 7 bankruptcy filing fees are next, costing $313 and $338, respectively. In contrast, chapter 9, 10, and 13 bankruptcy are the most expensive, with an average filing fee of $1,738.00.

Suppose a bankruptcy petitioner can not afford the filing fee for a chapter 7 bankruptcy. In that case, they can complete the chapter 7 bankruptcy filing fee waiver form (form B 3B) and include it in their bankruptcy petition to request a waiver under 28 U.S.C. §1930(f).