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Questions Answered by David Reese Fondren
1 Answer | Asked in Bankruptcy for Missouri on
Q: I just found out about land I didn't know I owned after filing bankruptcy.

I just found out about land I didn't know I owned after filing bankruptcy. How risky is it to continue pretending like I don't know about it for a while and then selling it after 6 months - 1 year? (If it matters, the land is worth less than $3000.)

David Reese Fondren
David Reese Fondren
answered on Apr 17, 2017

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...
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1 Answer | Asked in Bankruptcy for Missouri on
Q: If I file for bankruptcy, will my spouse's credit be affected?
David Reese Fondren
David Reese Fondren
answered on Apr 17, 2017

Normally is should not. But Possibly can. If you both signed a loan together, it will show up on the spouse's credit report that a co-signer filed bankruptcy. Also, if the spouse is applying for a new loan, the lender may question why the other spouse is not participating, or may run both... View More

1 Answer | Asked in Bankruptcy for Missouri on
Q: My dad died and left no survivor benefits. There is and upside down loan on a car. Will bankruptcy cover that?
David Reese Fondren
David Reese Fondren
answered on Apr 17, 2017

Only if this is your loan that he co-signed for you; or you co-signed for your dad. He can't file bankruptcy since he is dead.

1 Answer | Asked in Bankruptcy for Missouri on
Q: My ex & I received a settlement on a loan we took out when married. He filed bankruptcy after our divorce.

Settlement check was sent to Trustee on his bankruptcy case. The order is clear that that he and I are both parties and that the I am entitled to 1/2 the settlement. The Trustee has refused to give me my portion of this settlement, and has instead submitted it to the Bankruptcy court in an... View More

David Reese Fondren
David Reese Fondren
answered on Sep 18, 2013

Based on the bare facts you stated, and, if you are not in bankruptcy yourself, then, it does not seem appropriate. You need to seek counsel from an attorney and hire them to file a motion with the bankruptcy court to have a judge decide who is entitled to the money.

I realize your question...
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1 Answer | Asked in Bankruptcy for Missouri on
Q: How long does it take to reopen a bankruptcy case to get judge to sign off on it and show debts are clear?
David Reese Fondren
David Reese Fondren
answered on Sep 18, 2013

If you are refering to having the case closed without a discharge because you failed to do your financial management course or other necessary action; then it depends on how long it take you to comply with the rules and pay the filing fee to reopen the case. Judges normally grant the motion without... View More

1 Answer | Asked in Bankruptcy for Missouri on
Q: If you have a loan with Wyndham and can"t pay it and you want to default on loan, dou you need a bankruptcy lawyer?
David Reese Fondren
David Reese Fondren
answered on Sep 18, 2013

I am not sure what you are asking or what you mean by default in your mind. merely missing payments or other violations of your contract would put you into default. Try re-phrasing your question.

1 Answer | Asked in Bankruptcy for Missouri on
Q: Can I find information on whether my ex has filed bankruptcy
David Reese Fondren
David Reese Fondren
answered on Sep 18, 2013

Each court has a phone number for the public to gain public information. Check with the web site for the particular court your ex resides.

1 Answer | Asked in Bankruptcy for Missouri on
Q: I am filing ch 7 on my own. no assets. income over past 6 months will show two tuition reimburs amounts from my work.

This is changing my avg mo income by $1,000. They only cover up to $5,250 for grad student tuition per yr, but that is not my normal pay. how will this look to the court? Will they really consider this as part of my regular pay?

David Reese Fondren
David Reese Fondren
answered on Sep 18, 2013

There are 3 different places that income goes. The six month period you reference is in the means test. The purpose is to determine whether you can file 7 or 13. It is generally acknowledged by the courts to not always reflect reality.

Your schedule I is more important for that. That is...
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1 Answer | Asked in Bankruptcy for Missouri on
Q: Received precredit counselling certificate...can i fil bankkrupcty now or do I have to wait
David Reese Fondren
David Reese Fondren
answered on Sep 18, 2013

If the certificate is from an approved source listed by the US Trustee's office for your jurisdiction; yes, you can file your petition and file the certificate with it. They expire in 180 days.

2 Answers | Asked in Bankruptcy for Missouri on
Q: Is it possible to add on post petition debt?
David Reese Fondren
David Reese Fondren
answered on Sep 18, 2013

Short answer, No. Anything (some exceptions) you acquire after the date of filing is part of your 'fresh start'. This includes new debts. Is the new debt related or linked to an old debt listed on the schedules? In other words, are they just adding new fees and charges on the old... View More

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