Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Christopher Crull
2 Answers | Asked in Bankruptcy for Indiana on
Q: I have a 15 year old debt that Discover sends Summons by court every couple of years. What happens if I stop going?

The debt is not on my credit report. I go to the court and actually meet with lawyer for Discover who asks some questions. I think they are just trying to keep the debt refreshed. What happens if I don't go? Or should I contact them? We have no money.

Christopher Crull
Christopher Crull answered on Jul 7, 2021

This sounds like a situation in which you are being summoned to appear at a debtor's exam. This is a court proceeding for which there are penalties if you fail to appear, including the possibility of the court issuing an arrest warrant. The debtor's exam is a tool that a judgment... Read more »

View More Answers

4 Answers | Asked in Bankruptcy for Alabama on
Q: I did not read my bankruptcy petition before I signed it the lawyer made several errors

Like putting my wifes debts on the petition . And did not including 2 large withdrawals 8000 and 3000 that my wife took out of our joint account to buy a vehicle

Christopher Crull
Christopher Crull answered on Jul 5, 2021

It is very important to read the petition before signing. This helps to ensure that there are no errors or omissions in the forms. For that reason it is always important to read and understand the forms. It is the responsibility of both the attorney AND the client to make sure this happens.... Read more »

View More Answers

2 Answers | Asked in Bankruptcy for Utah on
Q: When can chapter 7 be filed after quitclaim deed in utah?

Mortgage was refinanced over two years ago, petitioner was not on the refinanced loan, but was never taken off deed to house. A quitclaim deed was filed in February 2021. Due to it not being done when the refinance took place. Will that cause potential problems when filing a Chapter 7,... Read more »

Christopher Crull
Christopher Crull answered on Jul 5, 2021

The bankruptcy trustee is likely to have questions about the transfer of the client's interest in this property. The client's interest is an asset that, if not covered by an exemption, could be liquidated to pay creditors. The trustee will want to know why the transfer was ultimately... Read more »

View More Answers

5 Answers | Asked in Bankruptcy for Ohio on
Q: I have filed chapter 7 pro se and the trustee is about to take action to sell my inherited property

I thought chapter 7 protected the property but the trustee says he will use the finance from the sale to pay my debts. The will was not put through probate court in 2016 when I received the wills. Based on this information, what remedy do I have?

Christopher Crull
Christopher Crull answered on Jul 5, 2021

The Ohio exemptions provide for an exemption to protect real property when the property is your primary residence. Outside of that, the exemption you can apply to protect the property are somewhat limited. If this property is not your primary residence, chapter 7 is not a good tool to protect it.... Read more »

View More Answers

3 Answers | Asked in Bankruptcy for Illinois on
Q: Can I file chapter 7 if I own my home and car (no mortgage or car payment)
Christopher Crull
Christopher Crull answered on Jul 5, 2021

Generally, the exemptions allowed by each state protect a specific amount of equity in your property. You will be able to protect the value of your house and car up to the amount allowed by the exemptions. If the house and car are worth more than the exemptions allow, you have the option of... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.