David Reese Fondren

David Reese Fondren

  • Bankruptcy, Criminal Law, Estate Planning ...
  • Missouri
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Claimed Lawyer ProfileQ&ASocial Media
Practice Areas
  • Bankruptcy
  • Criminal Law
  • Estate Planning
  • Landlord Tenant
  • Probate
  • Real Estate Law
Jurisdictions Admitted to Practice
Missouri
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8th Circuit
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Education
Washington University School of Law
J.D. | general law
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Professional Associations
Christian Attorneys of St. Louis (CASTL)
VP
Current
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St. Louis County Bar Assn
member
Current
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National Association of Bankruptcy Attorneys (NACBA)
member
Current
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NRA
member
Current
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Missouri State Bar
Member
- Current
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Christian Legal Society
member
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Bar Association of Metropolitan St. Louis (BAMSL)
mebmer
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St. Charles County Bar Assn.
member
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Legal Answers
28 Questions Answered

Q. I don't know whether to bankrupt or Judgement proof. If I bankrupt will I loose my 5000 car. What about judgement proof?
A: 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.
Q. I'm the trustee of an elderly parent's irrevocable trust. I need to file for bankruptcy due to medical debt.
A: 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 way to deal with future medical expenses. Caveat: This is a general answer. This may not apply 100% to you, as I know very little about your situation. The trust could be a big factor here. If you are employed and subject to garnishment, you may be forced into it at some time. Right now, you need to be working on a solution to pay your child's bills. You really need to make an appointment with a bankruptcy attorney before making a final decision. The counselors are not attorneys, and although they have a lot of knowledge, you should still get a detailed review. BTW: as trustee (not trustor or grantor), the trust assets are not yours and do not become part of the bankruptcy estate or subject to creditors attempts to collect a judgment. They will when your parents die and if you are beneficiary. Something important for your attorney to take into account.
Q. Can NSF Checks be discharged in a Chapter 7 Bankruptcy ?
A: 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 is merely a debt collector, he may drop it. If the checks are significant, he may not. Other factors will be considered as well. If the prosecutor has not filed charges on checks prior to your bankruptcy, they may not. Criminal prosecutions are excluded from the automatic stay as well.
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Contact & Map
8011 Clayton Road, Suite 300
Clayton, MO 63117
Telephone: (636) 485-6743
Fax: (314) 727-4762