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
26 Questions Answered

Q. Can NSF Checks be discharged in a Chapter 7 Bankruptcy ?
A: You can discharge the civil liability. But you cannot stop the state from pursuing criminal prosecution, including ordering restitution. It is at the prosecutor's discretion. Your criminal attorney may be able to negotiate on your behalf. If the Prosecutor thinks these checks are minor and he is merely a debt collector, he may drop it. If the checks are significant, he may not. Other factors will be considered as well. If the prosecutor has not filed charges on checks prior to your bankruptcy, they may not. Criminal prosecutions are excluded from the automatic stay as well.
Q. I'm a buyer and the seller filed for chapter 7. We were to close, now pending court decision. What are my options?
A: Your pending contract is called an "executory contract" in that it is not complete. Debtors have the option to assume or reject executory contracts. You should have been listed in the schedule G, along with the debtor's intent. The debtor has a deadline to fullfill his intent. You also need to deal with the trustee. Trustee owns the debtors estate for a while. Trustee can make a claim against funds you owe debtor. Trustee may also abandon his interest as well. You can use the court to prod both debtor and trustee to make a decision. You need to get more complete advice and help from an attorney.
Q. I just found out I'm being sued by a third party debt collector on a debt discharged in 2016. What are my options?
A: You, or your attorney needs to file a document "suggestion of bankruptcy" in the court where you are being sued. Provide the court with the case number, chapter number, date of filing, date of discharge. Also attach a copy of the schedule where the creditor appears listed. The creditor should voluntarily dismiss their case upon verification. If you did list this creditor, you can ask for attorney fees for doing all of this. If you did not list the creditor, you probably cannot, unless you can prove they had "actual" knowledge of your bankruptcy. If you failed to list this creditor, then you have other issues not covered by your question and should call a bankruptcy attorney.
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Contact & Map
8011 Clayton Road, Suite 300
Clayton, MO 63117
Telephone: (636) 485-6743
Fax: (314) 727-4762
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