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Questions Answered by David Reese Fondren

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 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 very, very... Read more »

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 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 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 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 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 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 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 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 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 real estate...
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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 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 credit... Read 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 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... Read more »

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 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... Read 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 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 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 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 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 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 principal? Or, is... Read more »

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