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2-7-303. Notice — Form and content.

Arkansas Code — all titles (historical 2020) · legal_authorities

2-7-303. Notice — Form and content.

2-7-303. Notice — Form and content. (a) Before commencing any proceeding prohibited by this section, § 2-7-302, and §§ 2-7-304 — 2-7-306 without first obtaining a release, a creditor shall serve a notice on the farmer that the farmer may request mandatory mediation of the farm indebtedness. (1) The notice shall be in a form and contain the information as required by rule. (2) The Director of the Arkansas Farm Mediation Program shall make forms available in each county recorder's office. (b) The notice shall contain, at a minimum, the following information: (1) The name and address of the farmer; (2) The name, address, and telephone number of the creditor; (3) A description of the debt and the amount currently owed; (4) A description of the agricultural property securing the debt; (5) A description of the proceeding the creditor intends to commence or continue or the action the creditor intends to take; (6) A statement that the farmer has the right to request mandatory mediation which could result in restructuring the debt; (7) The address and telephone number of the director; (8) A statement that a request for mandatory mediation must be served on the director within fourteen (14) days after service of the notice on the farmer; and (9) The location of the office of the recorder of the county in which the farmer resides where an application form for requesting mandatory mediation may be obtained. (c) A creditor shall also serve a copy of such mediation notice on the director within five (5) days after the mediation notice has been served on the farmer by the creditor.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 2-7-303

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

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Stable record: arkansas_code:legal_authorities:2-7-303
Source file: gov.ar.code.title.02.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 1576cece13804a4ab0d7e6583f9deedcc48989f4500ed6fcd2411ef06a88d810

Source location: content.xml paragraph 1677

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Arkansas Code — all titles (historical 2020) · legal_authorities

2-7-302. Release before proceedings required — Exceptions.

2-7-302. Release before proceedings required — Exceptions. (a) In connection with a secured indebtedness of twenty thousand dollars ($20,000) or more, no proceeding against a farmer shall be commenced to foreclose a mortgage on agricultural property, to terminate a contract for deed to purchase agricultural property, to repossess or foreclose a security interest in agricultural property, to set off or seize an account, moneys, or other asset which is agricultural property, or to enforce any judgment against agricultural property unless the creditor has first obtained a release as provided in this chapter. (b) An action for attachment or replevin may be commenced without first obtaining a release in those cases provided for under § 16-110-101(1)(A)(vi)-(viii) or § 18-60-807.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 2-7-302

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 2-7-302. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

2-7-304. Requests for mediation.

2-7-304. Requests for mediation. All requests for mediation by a farmer under § 2-7-301 shall be served on the Director of the Arkansas Farm Mediation Program within fourteen (14) days after the mediation notice was served on the farmer by the creditor. Every request for mediation shall be in a form and contain the information required by the director.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 2-7-304

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 2-7-304. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

2-7-306. When provisions not applicable.

2-7-306. When provisions not applicable. Sections 2-7-302 — 2-7-305 shall not apply: (1) Where the debt to be collected was listed as a scheduled debt by the farmer in a petition in bankruptcy or for which a proof of claim form has been filed by a creditor under United States Code, Title 11, Chapters 7, 11, 12, or 13; and (A) The debt was discharged; (B) The creditor was granted relief from the automatic stay; (C) Provision for repayment, restructuring, or other treatment of the debt was made in a confirmed plan; (D) In the year preceding the date of commencement of the collection action, the automatic stay provided for under 11 U.S.C. § 362 was in effect with regard to the debt for more than ninety (90) days; or (2) When the Arkansas Farm Mediation Office has not adopted and promulgated bylaws, rules, or program guidelines necessary to implement this chapter or has not hired qualified mediators for the mediation region in which the agricultural property involved is located.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 2-7-306

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 2-7-306. This identifies an authority to review, not proof of applicability.