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
8th Circuit
Education
Washington University School of Law
J.D. | general law
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Professional Associations
Christian Attorneys of St. Louis (CASTL)
VP
Current
St. Louis County Bar Assn
member
Current
National Association of Bankruptcy Attorneys (NACBA)
member
Current
NRA
member
Current
Missouri State Bar
Member
- Current
Christian Legal Society
member
Bar Association of Metropolitan St. Louis (BAMSL)
mebmer
St. Charles County Bar Assn.
member
Legal Answers
18 Questions Answered

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.
Q. How long under Missouri law can I remain in a condo after the floreclosure sale?
A: Part of the time depends on how quickly the lawfirm moves on the case, how quickly the sheriff can serve your summons, or if they use a private investigator, and the jurisdiction and how quickly they manage their landlord/tenant cases. Something to consider. If you already have a foreclosure on your credit report and are now looking at trying to rent; you do not want an eviction proceeding to show up on case net. Many landlords check out their prospective tenants on case net to find out if they have been sued for eviction as well as other things. You could have a difficult time finding an apartment if you let it get to that point. Contact the lawfirm and work out a day for you to move out and turn in the keys.
Q. can my escrow money be taken from me in bankruptcy
A: It says you are in Colorado. You need to talk to someone in Colorado who knows the state laws of Colorado. besides your question is extremely vague.
Q. I just found out about land I didn't know I owned after filing bankruptcy.
A: Very risky. Not only can you lose your discharge, you can go to prison. Is the land worth that to you? Land ownership and transfers are public records. It is very easy for the trustee to find out about them. What do you mean by "owned"? Someone cannot secretly transfer real estate to you without your knowledge and consent. Is the property in another country? Is someone else on the title? Is it in trust? Did someone die and you just inherited it? Real estate taxes have to be paid annually, or you lose your real estate. If you did not pay them, who did? You need to sit down with your attorney and discuss this fully.
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Contact & Map
8011 Clayton Road, Suite 300
Clayton, MO 63117
USA
Telephone: (636) 485-6743
Fax: (314) 727-4762