John A. Flynn - Arkansas Bankruptcy Attorney -
[Cached Version]
Published on: 9/16/2009
Last Visited: 9/16/2009
John A. Flynn, Attorney At Law
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Attorney John A. Flynn is well-versed in Bankruptcy law, having practiced in this area for nearly ten years.
Mr. Flynn has thoroughly familiarized himself with BAPCPA, the 2005 Bankruptcy changes which are still commonly referred to as "the New Law.
Mr. Flynn is constantly reviewing new court decisions and case law not only in Arkansas but throughout the United States so as to stay on top of developments which may benefit his clients.
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By this method, Mr. Flynn can help you reduce the principal and interest to be paid on notes for any "upside down" assets, including cars, 4 wheelers, boats, mobile homes not on the same note as the land, even yachts, aircraft and commercial buildings! (of course, if you had those latter items, you probably wouldn't be filing bankruptcy!).
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Foreclosure Defense - While the traditional method for addressing foreclosures or threatened foreclosures has been to file a Chapter 13 bankruptcy, which permits one who is being foreclosed on to pay their mortgage arrearages over a 5 year plan, an emerging area of defense to foreclosure, which Mr. Flynn has now begun pursuing, is to defend the judicial foreclosure (where you are served with a lawsuit) or the statutory foreclosure (where a Notice of Default is published in the newspaper) by forcing the mortgage servicer to prove that they have standing to pursue the foreclosure.
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These lawsuits can be defended by the Flynn Law Firm directly, and if the debt was discharged in a prior bankruptcy, Mr. Flynn can sue the Debt Scavenger on your behalf for violation of the Discharge Injunction.
If the last payment or charge made on a credit card or "open account" was over three years prior to the date of filing of the Complaint, the lawsuit can be thrown out on the basis of being beyond the statute of limitations. (However, some credit card companies are arguing that five years is the appropriate statutory period, though an Arkansas Court of Appeals decision and an Arkansas Bankruptcy Court decision which Mr. Flynn obtained on behalf of a Chapter 13 client in 2008, hold that three years is the appropriate period).