§ 2-7-306 - When provisions not applicable. - Arkansas Statutes

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, regulations, 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.