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Questions Answered by David Reese Fondren
1 Answer | Asked in Bankruptcy for Missouri on
Q: I don't know whether to bankrupt or Judgement proof. If I bankrupt will I loose my 5000 car. What about judgement proof?

My income is $706.00 for social security a month. I have about $4,000 left from my profit sharing retirement. And that's it. I'm almost 70 years old. I need my car to get to the doctors and just to live. I'm diabetic. My car is my only asset and its not even worth much.

David Reese Fondren
David Reese Fondren answered on Sep 14, 2020

Exemption in bankruptcy are identical to exemptions against creditors as they are the same laws for Missourians. Can not predict how a particlar trustee or creditor atty will act. Look up your vehicle on nada.com for more accurate valuatuon. Then talk to an atty.

2 Answers | Asked in Bankruptcy and Estate Planning for Missouri on
Q: I'm the trustee of an elderly parent's irrevocable trust. I need to file for bankruptcy due to medical debt.

Located in Missouri. I have a special needs child, and am being buried in medical debt related to the care of said child. I've talked to a credit counseling agency, and after looking at my income and debts, they determined bankruptcy is my best option.

David Reese Fondren
David Reese Fondren answered on Sep 14, 2020

If your "special needs" child has permanent problems requiring long term or even life long medical treatment, then a bankruptcy is only a temporary band-aid. All medical bills incurred after the date of filing are not included.

Bankruptcy can be a solution, IF, you can find a...
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2 Answers | Asked in Bankruptcy for Missouri on
Q: Can NSF Checks be discharged in a Chapter 7 Bankruptcy ?

I have filed bankruptcy an included NSF Checks as debts, however i have come to learn that the prosecuting attnys in some counties already have some of them. Can they still be discharged?

David Reese Fondren
David Reese Fondren answered on Jul 3, 2020

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... Read more »

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3 Answers | Asked in Bankruptcy and Foreclosure for Missouri on
Q: I'm a buyer and the seller filed for chapter 7. We were to close, now pending court decision. What are my options?

I am a buyer, went into contract with seller. We were to close but seller's went to court for bankruptcy. Is there anything I can do? What are some options that I can guarantee buying the home?

David Reese Fondren
David Reese Fondren answered on Jul 1, 2020

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... Read more »

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1 Answer | Asked in Bankruptcy and Civil Litigation for Missouri on
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?

It's a credit card debt for $750 and has reappeared on my credit history. My court date is in mid April. I know I should retain a lawyer to clear this mess up but can I counter sue?

David Reese Fondren
David Reese Fondren answered on Feb 25, 2020

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... Read more »

2 Answers | Asked in Bankruptcy for Missouri on
Q: I filed bankruptcy and now the court trustee sent papers that he is selling my house. What are the procedures?

How long do they have to sell it? How much do I get, I read 15,000 is that correct? After selling how loing to I have before I have to move out?

David Reese Fondren
David Reese Fondren answered on Jan 27, 2020

You need to make sure you actually did claim your homestead exemption. While you are at it, you may have some head of household and/or miscellaneous exemption that you did not use and can apply also. They are not much, but every dollar counts. You may need to file an amended schedule C.... Read more »

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2 Answers | Asked in Bankruptcy for Missouri on
Q: Bankruptcy in Missouri question.

I read online: "If you own the house with your spouse as tenants by the entirety and do not have joint debts, the house is completely exempt, and the equity you have in it is irrelevant regarding exemptions."

Do you have to be married to meet this exemption?

I own a house... Read more »

David Reese Fondren
David Reese Fondren answered on Dec 23, 2019

Hey, I know some folks in your town.

Yes, you have to be married to use the marital exemption. Since you are not married, you both own the property either as (1) Joint Tenants with rights of survivorship or (2) Tenants in common. Both are treated similarly in bankruptcy. (there are...
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1 Answer | Asked in Bankruptcy for Missouri on
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

Our 19 year old son leaves for basic training this week and has several thousand dollars in debt can we ask to retain funds for personal use

David Reese Fondren
David Reese Fondren answered on Oct 14, 2019

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... Read more »

2 Answers | Asked in Bankruptcy for Missouri on
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

All my bills are in collections. I have bill collectors calling me every day. I have credit cards and pay day loans . Two phone bills.

David Reese Fondren
David Reese Fondren answered on Sep 17, 2019

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...
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3 Answers | Asked in Bankruptcy for Missouri on
Q: If i owe a somebody filing bankruptcy money, and there is no written contract nor payment arrangement, what can happen

Amount owed is "allegedly" about $40,000. No written contract and no agreement on how to pay the funds back was ever discussed.

David Reese Fondren
David Reese Fondren answered on Aug 22, 2019

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... Read more »

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2 Answers | Asked in Bankruptcy for Missouri on
Q: Can I file an amended bankruptcy on a debt that wasn't discharged in the original bankruptcy?

I filed bankruptcy and one of the debts wasn't discharged (it was for a distance school, no child support, not an accredited college). Why didn't it get discharged? Could a faulty address be to blame? And can I go back and amend that? Please do not put down the fact that I did it. We are... Read more »

David Reese Fondren
David Reese Fondren answered on Jun 25, 2019

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... Read more »

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2 Answers | Asked in Bankruptcy for Missouri on
Q: Completed Chp 13 and received discharge of debtor letter from court. If need 401k for unexpected things would I be ok?

I filed a chapter 13 bankruptcy in the western district of Missouri. I have completed my plan and my trustee submitted the completion of plan payments with the court and already stopped wage garnishments. I also have already received my discharge of debtor letter from the federal court. I need to... Read more »

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

This is the 3rd time I have seen this exact question from you.

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1 Answer | Asked in Bankruptcy, Consumer Law and Small Claims for Missouri on
Q: Can a collector garnish or sue for debt that is 5 years or older?
David Reese Fondren
David Reese Fondren answered on Apr 17, 2017

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.

1 Answer | Asked in Bankruptcy for Missouri on
Q: Question regarding completion of chapter 13 bankruptcy plan payments, and discharge of debtor l got from fed court.

I have completed my chapter 13 plan payments, received the completion of plan payments letter from the trustee, the trustee filed this with the court and I received the discharge of debtor letter from the federal bankruptcy judge. This was in the western district of Missouri. If I needed to borrow... Read more »

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

You asked this twice.

1 Answer | Asked in Bankruptcy for Missouri on
Q: If I need to borrow from 401k and completed chp13 pymts and received discharge of debtor letter from court would I be ok

Finished my chapter 13 payment plan, received letter about this from trustee, trustee filed the completion with the fed court, I received discharge of debtor letter from the federal judge.

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

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... Read more »

1 Answer | Asked in Foreclosure for Missouri on
Q: foreclosure auction in missouri...Would it chill the bidding if the address of the property is not advertised?
David Reese Fondren
David Reese Fondren answered on Apr 17, 2017

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... Read more »

1 Answer | Asked in Foreclosure for Missouri on
Q: How long under Missouri law can I remain in a condo after the floreclosure sale?

Dow I have days or weeks after the eviction notice.

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

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...
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1 Answer | Asked in Bankruptcy for Missouri on
Q: can my escrow money be taken from me in bankruptcy

Money deducted from my pay put in escrow for the purposes of covering any deductibles on future claims. can I lose escrow money through bankruptcy

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

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.

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... Read more »

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