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2-7-306. When provisions not applicable.

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. A text match is a research starting point; applicability is not established.

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Stable record: arkansas_code:legal_authorities:2-7-306
Source file: gov.ar.code.title.02.odt
Pages: Not recorded – Not recorded
Passage SHA-256: dd752a29416157716075292a7964d34e39c59b426b5a931072d54b9640065c84

Source location: content.xml paragraph 1707

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Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 362 — Automatic stay

**(a)** Except as provided in subsection (b) of this section, a petition filed under section 301, 302, or 303 of this title, or an application filed under section 5(a)(3) of the Securities Investor Protection Act of 1970, operates as a stay, applicable to all entities, of— (1) the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this title, or to recover a claim against the debtor that arose before the commencement of the case under this title; (2) the enforcement, against the debtor or against property of the estate, of a judgment obtained before the commencement of the case under this title; (3) any act to obtain possession of property of the estate or of property from the estate or to exercise control over property of the estate; (4) any act to create, perfect, or enforce any lien against property of the estate; (5) any act to create, perfect, or enforce against property of the debtor any lien to the extent that such lien secures a claim that arose before the commencement of the case under this title; (6) any act to collect, assess, or recover a claim against the debtor that arose before the commencement of the case under this title; (7) the setoff of any debt owing to the debtor that arose before the commencement of the case under this title against any claim against the debtor; and (8) the commencement or continuation of a proceeding before the United States Tax Court concerning a tax liability of a debtor that is a corporation for a taxable period the bankruptcy court may determine or concerning the tax liability of a debtor who is an individual for a taxable period end

Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 362

Stored review status: release_metadata_unconfirmed. The source passage cites 11 U.S.C. § 362. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 362 — Automatic stay

Page 76 TITLE 11—BANKRUPTCY § 362 HOUSE REPORT NO. 95–595 The section specifies four means of providing ade- quate protection. They are neither exclusive nor ex- haustive. They all rely, however, on the value of the protected entity’s interest in the property involved. The section does not specify how value is to be deter- mined, nor does it specify when it is to be determined. These matters are left to case-by-case interpretation and development. It is expected that the courts will apply the concept in light of facts of each case and gen- eral equitable principles. It is not intended that the courts will develop a hard and fast rule that will apply in every case. The time and method of valuation is not specified precisely, in order to avoid that result. There are an infinite number of variations possible in deal- ings between debtors and creditors, the law is contin- ually developing, and new ideas are continually being implemented in this field. The flexibility is important to permit the courts to adapt to varying circumstances and changing modes of financing. Neither is it expected that the courts will construe the term value to mean, in every case, forced sale liq- uidation value or full going concern value. There is wide latitude between those two extremes. In any par- ticular case, especially a reorganization case, the de- termination of which entity should be entitled to the difference between the going concern value and the liq- uidation value must be based on equitable consider- ations based on the facts of the case. It will frequently be based on negotiation between the parties. Only if they cannot agree will the court become involved. The first method of adequate protection specified is periodic cash payments by the estate, to the extent o

Source: Supplied 2024 U.S. Code historical extraction · 11 U.S.C. § 362

Stored review status: historical_2024_not_currentness_verified. The source passage cites 11 U.S.C. § 362. This identifies an authority to review, not proof of applicability.

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

2-7-305. Information on services — Assignment of mediator.

2-7-305. Information on services — Assignment of mediator. (a) Within five (5) days after receiving a request for mediation, the Director of the Arkansas Farm Mediation Program shall inform the farmer and the creditor of any financial analysis or legal or other services available that may assist them in preparing for the mediation meeting and of any other requirements the farmer and creditor must meet before the mediation meeting. (b)(1) Within twenty-one (21) days after receiving a request for mediation, the director shall assign a mediator and serve notice on the farmer and all his or her known creditors of the name of the mediator, the time and place of the mediation meeting. (2) The meeting shall be not more than forty-two (42) days after the director receives the request, and of any activities prohibited during mediation.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 2-7-305

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 2-7-305. This identifies an authority to review, not proof of applicability.