Bankruptcy
Arkansas Bankruptcy Lawyer
Overwhelming debt can feel impossible to escape. Whether you are dealing with credit card bills, medical expenses, or the threat of foreclosure, bankruptcy may offer the legal protection and fresh start you need. At Wilmoth Law Firm, experienced Arkansas bankruptcy lawyer Sammi Wilmoth is ready to guide you through every step.
Why Choose Wilmoth Law Firm to Handle Your Bankruptcy in Arkansas?
Sammi Wilmoth, Esq., founder of Wilmoth Law Firm, brings over two decades of legal experience to clients throughout Northwest Arkansas. Her Fayetteville-based, woman-owned firm serves clients in Bentonville, Rogers, Springdale, and surrounding communities. Wilmoth Law Firm is proud to be named BusinessRate’s Best of 2026 Bankruptcy Attorney in Fayetteville, Arkansas.
In 2025, Sammi was named to the Arkansas Super Lawyers list, a prestigious peer-nominated honor for outstanding professional achievement. She earned her law degree from the University of Arkansas School of Law and holds the 2011 Benjamin J. Altheimer Moot Court Best Brief Award. She is licensed to practice before the Arkansas Supreme Court and in federal court.
What Are Our Clients Saying?
Clients consistently praise Sammi Wilmoth’s knowledge and dedication:
- “Sammi is the best attorney in the state of Arkansas, bar none, in my opinion.”
- “Sammi was absolutely wonderful to work with. Very down-to-earth and professional, and never made us feel degraded because we had to file for bankruptcy. If you ever need legal advice, please go see her-you won’t regret it!”
- “Sammi was very welcoming and abundantly knowledgeable about the things I had going on financially. I’d decided to go through with bankruptcy, and it has been very quick and with ease; she and her associates were a huge help to get me to the next step of financial freedom. Thanks so much, and I’d definitely recommend her if you need any help; she’s eager to get it done the right way the first time!”
- “Sammi was a knowledgeable and experienced lawyer who walked us through every step of our bankruptcy claim. I can’t say that she made it easy because it is not a simple or easy process, but she instructed us and supported us throughout the entire undertaking. I would highly recommend her for anyone seeking help dealing with crushing debt.”
What Are the Different Types of Bankruptcy in Arkansas?
The two most common bankruptcy types for individuals and families in Arkansas are Chapter 7 and Chapter 13. The right option depends on your income, assets, and financial goals.
Arkansas Chapter 13 Bankruptcy Lawyer
“Chapter 13” allows individuals with regular income to reorganize debts into a three-to-five-year repayment plan. It is ideal if you want to keep your home and catch up on missed mortgage payments, protect assets with equity, or repay taxes or car loans over time. Remaining eligible unsecured debts may be discharged at the end of the plan.
Arkansas Chapter 7 Bankruptcy Lawyer
“Chapter 7” is designed to quickly eliminate most unsecured debts, including credit cards, medical bills, and personal loans. A trustee reviews your assets, and any non-exempt property may be sold to repay creditors, though most Arkansas filers protect all or most of their property through state exemptions. You must pass an income “Means Test” to qualify, and the process typically takes three to six months from filing to discharge.
How Do I File for Bankruptcy in Arkansas?
- Complete a credit counseling course from an approved provider within 180 days before filing.
- Gather financial documents: Debts and creditors, assets, income, monthly expenses, and recent tax returns.
- File your petition, schedules, and required forms with the U.S. Bankruptcy Court for the Eastern or Western District of Arkansas.
- Attend the “341 Meeting of Creditors,” where a trustee reviews your case.
- For Chapter 13, submit your repayment plan for court approval.
- Complete a debtor education course before discharge.
Filing without a lawyer is permitted but risky. Errors in paperwork can result in dismissed cases, lost exemptions, or denied discharges. Working with an experienced Arkansas bankruptcy lawyer significantly reduces that risk.
How Much Does a Northwest Arkansas Bankruptcy Lawyer Charge?
Lawyer fees vary based on case complexity. Chapter 7 is generally less expensive than Chapter 13. Court filing fees set by the U.S. Bankruptcy Court for Arkansas are $338 for Chapter 7 and $313 for Chapter 13. Wilmoth Law Firm offers free initial consultations and works with clients on fee arrangements.
What Debts Are Discharged in Bankruptcy?
Bankruptcy can “eliminate” many types of debt, including:
- Credit card debt and personal loans
- Medical and hospital bills
- Utility arrears
- Deficiency balances after repossession or foreclosure
- Some older income tax debts (subject to specific requirements)
- Civil court judgments not based on fraud
What Debt Cannot Be Included in Bankruptcy?
Certain debts cannot be discharged under federal law, including:
- Child support and alimony
- Most student loans
- Recent tax debts and government penalties
- Debts from fraud or intentional wrongdoing
- Criminal fines and restitution
- DUI-related injury or death liability
Wilmoth Law Firm will review your full financial picture and advise you on exactly what bankruptcy can and cannot resolve.
Frequently Asked Questions
What are the consequences of bankruptcy?
Bankruptcy has real consequences that should be carefully considered. The most significant impact is on your credit score. A Chapter 7 bankruptcy appears on your credit report for up to 10 years; a Chapter 13 for seven years. This can make borrowing or renting more difficult in the short term. However, filing also triggers an “automatic stay,” immediately stopping collection calls, lawsuits, wage garnishments, and foreclosure proceedings. Many people see their financial footing improve steadily after their debts are discharged or reorganized.
How many times can you file for bankruptcy in Arkansas?
You may file more than once, but waiting periods apply between discharges: Eight years between Chapter 7 cases, four years from Chapter 7 before a Chapter 13 discharge, six years from Chapter 13 before a Chapter 7 discharge, and two years between Chapter 13 cases.
How much does it cost to file for bankruptcy in Arkansas?
Court filing fees are $338 for Chapter 7 and $313 for Chapter 13. Lawyer fees are additional and vary by case.
Does Arkansas opt out of federal bankruptcy exemptions?
Yes. Arkansas has opted out of the federal exemption system, meaning residents must use Arkansas state exemptions. These protect assets such as your homestead, personal property, tools of the trade, retirement accounts, and life insurance proceeds.
Can you file for bankruptcy in Arkansas without a lawyer?
It is legally permitted, but the U.S. Courts caution that the process is complex. Without a lawyer, you risk case dismissal, improper exemptions, or a denied discharge. The risks of filing alone almost always outweigh the potential savings.
For Answers to All Your Bankruptcy Questions, Speak With a Knowledgeable Arkansas Bankruptcy Lawyer at Wilmoth Law Firm
Debt does not have to define your future. Wilmoth Law Firm’s founding lawyer, Sammi Wilmoth, Esq. is a 2025 Arkansas Super Lawyers honoree with over 20 years of experience fighting for clients across Northwest Arkansas. Wilmoth Law Firm offers personalized guidance, honest counsel, and tenacious advocacy from your first consultation through your discharge. To schedule a free consultation with a knowledgeable Arkansas bankruptcy lawyer, call today at 479-443-8080 or contact us online. Located in Fayetteville, Arkansas, we gladly serve clients in the surrounding areas.
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