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Ark. Code Ann. § 5-37-203

Defrauding a secured creditor

Applied in 5 court decisions — leading case Bank of Eureka Springs v. Evans (2003)

Most recently applied in Gibson v. Regions Financial Corp. (March 2009)

Acts 1975, No. 280, § 2304; A.S.A. 1947, § 41-2304; Acts 2009, No. 485, § 1.

How often courts cite this section

19982000200920
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) A person commits the offense of defrauding a secured creditor in the first degree if he or she destroys, removes, cancels, encumbers, transfers, or otherwise disposes of property subject to a security interest with the purpose to hinder enforcement of the security interest.

(2) Defrauding a secured creditor in the first degree is a Class D felony.

(3) A person commits the offense of defrauding a secured creditor in the second degree if he or she uses motor vehicle insurance policy proceeds in excess of one thousand dollars ($1,000) obtained from a settlement of a property damage claim on a motor vehicle subject to a security interest in contravention of the security agreement that creates or provides for the security interest in the motor vehicle.

(4) Defrauding a secured creditor in the second degree is a Class A misdemeanor.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.