Arkansas Landlord Bankruptcy Clause

State:
Multi-State
Control #:
US-OL28042
Format:
Word; 
PDF
Instant download

Description

This office lease clause states that in the event the tenant becomes a debtor under Chapter 7 of the federal Bankruptcy Code and the Trustee of the tenant's property or the tenant elects to assume the lease for the purpose of assigning the same or otherwise, such election and assignment may only be made if all of the terms and conditions are satisfied. If such Trustee shall fail to elect or assume the lease within sixty (60) days after the filing of the petition, the lease shall be deemed to have been rejected.


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FAQ

The types of property that are exempt from bankruptcy in Arkansas include your home, vehicle, retirement, and some sources of income. These property exemptions allow you to keep specific assets so that you have the foundational tools and support you need to get a fresh financial restart.

In most cases you will not lose your home or car during your bankruptcy case as long as your equity in the property is fully exempt.

Assets & Property That Are Exempt in Chapter 7 Bankruptcy Your main vehicle. Your home. Personal everyday items. Retirement accounts, pensions, and 401(k) plans. Burial plots. Federal benefit programs. Health aids. Household goods.

If an issue of noncompliance arises (and rent is current and noncompliance is not excused) and the landlord does not remedy the noncompliance within 30 days after receiving notice from the tenant, the tenant may terminate the lease or rental agreement without penalty and receive a refund of his or her security deposit.

Landlords can be hesitant to rent properties to prospective tenants with bankruptcy filings that occurred in the previous two years. However, as time passes, bankruptcy tends to have less of an impact on a debtor's ability to rent, particularly if he or she has been financially responsible in the intervening years.

Arkansas vs. Federal Exemptions Type of exemptionArkansas lawVehicle$1,200Wages60 days' earned but unpaid wages, minimum $25 weeklyPension/retirementContributions to an IRA up to one year before filing bankruptcy, up to $20,000 (also subject to aggregate limit like personal property)2 more rows ?

Generally, non-exempt property in bankruptcy can include: Any secondary residential property that isn't your primary home, such as a vacation house. A second car, unless you are filing jointly, in which case each filer can claim an exemption for a car.

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Arkansas Landlord Bankruptcy Clause