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August 2015 Archives

Bankruptcy filing relieves pressure-filled credit score

Filing for a personal bankruptcy to eliminate burdening consumer debt is no longer considered to be a shameful event that must be avoided at all costs. It is generally recognized these days, for example, that a couple in Arkansas or another state can obtain a mortgage to buy real estate within about three to five years after a bankruptcy discharge. In some cases, the time period is significantly less than three years, depending on the particular circumstances.  

Police in Benton step up arrests for heroin-related drug crimes

Police in Benton have stated that they have stepped up their arrests for heroin violations in the past several weeks, indicating that there is an influx of the drug into the area. In one incident on Aug. 13, the police pulled over a car for an undisclosed traffic violation and found a number of illegal drugs and a firearm. Both occupants were charged with drug crimes under Arkansas law, involving possession with intent to deliver both heroin and methamphetamine, along with other charges.

Haskell police officer charged with sexual assault and child porn

Just as in the rest of the country, Arkansas is getting its share of arrests and allegations of criminal behavior against law enforcement officers. That trend was furthered by a recent arrest in Haskell of a police officer for 2d degree sexual assault involving a juvenile and two child pornography charges. Despite the dramatic publicity given to the arrest and the subsequent firing of the officer, none of the reports indicate specifically what the specific allegations are against him. In that respect, his life and reputation have been effectively and permanently tainted without a shred of evidence put forth against him.

Bankruptcy rules give options on reaffirmation of mortgage loan

It's a strange twist of bankruptcy law, but if a debtor does not formally reaffirm his or her home mortgage or other secured loan in bankruptcy, then the debt is no longer owed. This does not mean that the payments don't have to be made; rather, it results in a situation where the debtor continues to pay the monthly mortgage both during the bankruptcy and afterwards, and stays in the home despite not technically owing the money. This scenario, however, is not as simple as it may at first appear, and it may have consequences in other respects, both in Arkansas and in other jurisdictions.

Sweep by feds nets 50 arrested on drug crimes and gun charges

Massive drug sweeps in Arkansas and other jurisdictions usually present significant challenges to the criminal defense attorneys who represent any of the arrested suspects. For one thing, there is usually a rush to the prosecutor's door by defendants charged with drug crimes who want to get the best plea agreement available. As a general rule, those defendants who are the first to cooperate with prosecutors and who enter into an early guilty plea agreement will receive the most lenient sentences of the multiple suspects facing charges.

Bankruptcy is a "fresh start" remedy provided by the federal govt

Hard-working people may suffer a medical or financial emergency that is entirely out of their control and not their fault. Illnesses, disability, being laid off at work, accidents and other disasters usually hit without warning and create a substantial and lasting deficit in a family's monthly budget. The federal government provides consumer bankruptcy relief for just those situations, with the purpose of giving an individual or married couple residing in Arkansas or elsewhere a chance to start fresh and get back to normal.

Violent crimes charges still alive against man who shot himself

When a suspect in Arkansas or elsewhere chooses to shoot himself rather than be taken into custody by officials, it is a good bet that there are deep mental and emotional problems that are surfacing in the person's life. In some cases, criminal defense counsel may be able to assert the mental deficiencies to obtain empathy for the defendant in an attempt to get the charges reduced in favor of treatment. This factor may occasionally even be important in successfully resolving cases that involve alleged violent crimes against the defendant.

Bankruptcy may yet douse flames of some student loan infernos

As reported in this blog, the U.S. Department of Education has issued new guidelines to lenders regarding when a discharge of student loans should not be contested in a debtor's bankruptcy. The new rules open up some avenues that did not exist in recent years, both nationwide and here in Arkansas. Additionally, bankruptcy judges are granting more undue hardship discharges in cases that may not have been considered undue hardship until recently.