David Reese Fondren
- Criminal Law
- Estate Planning
- Landlord Tenant
- Real Estate Law
Jurisdictions Admitted to Practice
|Washington University in St. Louis School of Law - Washington University in St. Louis||J.D.||general law|
|VP, Christian Attorneys of St. Louis (CASTL)|
|member, St. Louis County Bar Assn|
|member, National Association of Bankruptcy Attorneys (NACBA)|
|Member, Missouri State Bar|
|member, Christian Legal Society|
|mebmer, Bar Association of Metropolitan St. Louis (BAMSL)|
|member, St. Charles County Bar Assn.|
- Overall: 8 Answers
Q. My ex & I received a settlement on a loan we took out when married. He filed bankruptcy after our divorce.
A: 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 was in May, but I just began answering questions in this forum.
Q. How long does it take to reopen a bankruptcy case to get judge to sign off on it and show debts are clear?
A: 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 a hearing. Each judge will be different on speed.
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?
A: 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.
Q. Can I find information on whether my ex has filed bankruptcy
A: 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.
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.
A: 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 where you want to be accurate as to what you normally receive. "I" is going to show an average of reimbursement. (like you do for bonuses etc.) But "J" should show the expense for equal value. The third, is questions 1 and 2 of the Statement of Financial Affairs (sofa) Q1 is for income from employment or business. Q2 is for other income. Separate the reimbursement from your regular income and post it in either question clearly marked.
Q. Received precredit counselling certificate...can i fil bankkrupcty now or do I have to wait
A: 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.
Q. Is it possible to add on post petition debt?
A: 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 this entirely new?