David Reese Fondren

David Reese Fondren

  • Bankruptcy, Criminal Law, Estate Planning...
  • Missouri
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Practice Areas
  • Bankruptcy
  • Criminal Law
  • Estate Planning
  • Landlord Tenant
  • Probate
  • Real Estate Law
Jurisdictions Admitted to Practice
Missouri
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8th Circuit
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Education
Washington University School of Law
J.D. | general law
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Professional Associations
Christian Attorneys of St. Louis (CASTL)
VP
Current
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St. Louis County Bar Assn
member
Current
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National Association of Bankruptcy Attorneys (NACBA)
member
Current
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NRA
member
Current
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Missouri State Bar
Member
- Current
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Christian Legal Society
member
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Bar Association of Metropolitan St. Louis (BAMSL)
mebmer
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St. Charles County Bar Assn.
member
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Legal Answers
21 Questions Answered

Q. We are in a ch 13, we received a check from insur co for hail damage made out to mortgage does work have to be complete
A: First, your mortgage company will insist on using the funds to maintain the integrity and value of your home. Any excess funds are treated the same as a tax return or bonus check. You need to file a motion to keep some or all of it. Second, your son may qualify for the soldiers and sailors relief act if on deployment. I don't practice military law. He needs to check with his JAG and he can ask his own question on this site. Third, As an emancipated adult, I don't think the court will let you pay his bills, especially while not paying your own creditors.
Q. I have bills that i am not able to pay. I had bankruptcy in 2017.i’m on social disability. I only make 996$.Please help
A: You don't say whether your 2017 bankruptcy was a chap 7 or 13 or if you received a discharge. Your answer to either could affect my answer. You also don't say why you got into debt so quickly after going through a bankruptcy, especially on a fixed income with no way to pay it back. Again, your answer could change my advice. You don't say if you are using debt just to make ends meet. If so, you are making your situation worse, not better. Debt is not your friend. It is possible you have not learned to live on a budget or control spending on non-essentials. If this is not the case, then your problem is insufficient income or excessive necessities and no emergency fund. You may have to make a drastic decision on increasing your income and/or reducing your fixed expenses for things like rent, utilities, travel, food, etc. that is the only way to get a long term solution. This is necessary regardless of the cause of your new problem. Only after that can we deal with your new debt problem. Dealing with the debt without getting your budget under control is only a temporary fix and you will be back in this situation again. You need to see an attorney or debt counselor (the type that does not charge up front). Be ready to answer these questions and more. Only then can a plan be created to deal with your situation. You need to be able to account for every penny you spend and why it is necessary. Even people on disability are allowed to earn some money. Be honest what you are doing about this. Don't show up blaming others or circumstances. Don't make excuses.
Q. If i owe a somebody filing bankruptcy money, and there is no written contract nor payment arrangement, what can happen
A: The bankruptcy Trustee steps into the shoes of the Debtor. In order to collect a debt owed the Debtor, the Trustee must have the same quality of proof and evidence. There must be evidence that a contract to re-pay money was voluntarily and intentionally created by both parties. Normally, the "Statute of Frauds" requires a written contract for amounts you are talking about. But equity sometimes allows judges to use the other evidence. In this case, any communication by you admitting you owe the funds, They could even use your question here as an admission Secaucus. An eye witness to you saying you owe the funds, or other actions by you like making payments. These are examples, there could be other sources as well. There are many other issues that cannot be covered either. The Debtor should have listed the debt on Schedule B, because it is required by law. The Debtor may have valued it at zero believing it is uncollectible. But, the Trustee must make an independent determination of that issue. The Trustee could even have a 2004 examination of you and ask you under oath and penalty of perjury if you owe the money.
Q. Can I file an amended bankruptcy on a debt that wasn't discharged in the original bankruptcy?
A: If the debt was listed, the address is not the problem. To discharge a student loan, even non-accredited schools, requires filing a separate lawsuit in the bankruptcy court. Otherwise the presumption remains that it is not discharged. The good news is you can still file your adversary even after the discharge is granted. There is a separate filing fee to file your complaint. A bankruptcy attorney familiar with student loan cases is your best choice. These cases are normally handled hourly. You need to schedule an appointment for someone to assess your case.
Q. Completed Chp 13 and received discharge of debtor letter from court. If need 401k for unexpected things would I be ok?
A: This is the 3rd time I have seen this exact question from you.
Q. Can a collector garnish or sue for debt that is 5 years or older?
A: For many types of debts and liabilities the statute of limitations is 10 years. Some are even longer. There are some shorter. You need to be more specific. However, Most consumer debts and contracts are 10 years from the date of the last payment.
Q. Question regarding completion of chapter 13 bankruptcy plan payments, and discharge of debtor l got from fed court.
A: You asked this twice.
Q. If I need to borrow from 401k and completed chp13 pymts and received discharge of debtor letter from court would I be ok
A: If you already received your discharge and are out of the plan, you can resume borrowing money and getting back into debt like you were before and start the whole mess all over again. 401k loans have to be paid back and cannot be discharged in a bankruptcy. If you default you end up with a tax liability and huge penalty. Even if you pay yourself back, your money is not in the fund to grow. Only do this as a last resort.
Q. foreclosure auction in missouri...Would it chill the bidding if the address of the property is not advertised?
A: Depends. Is it rural and does not have a street address? Does the notice give a legal description, a plat number, or something? Does the notice give sufficient information to identify the property in question? You should talk to an attorney about either getting an injunction, or setting aside the sale.
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Contact & Map
8011 Clayton Road, Suite 300
Clayton, MO 63117
USA
Telephone: (636) 485-6743
Fax: (314) 727-4762