Can I get insurance claim check after filing bankruptcy and home not being reaffirmed?
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I filed bankruptcy, did not reaffirm the mortgage. I still was unable to keep my house payment made, so I decided to put it up for sale. In the midst of this, I had roofers show up wanting to look at roof and give me an estimate. I never got the estimate from them but did get an insurance check for over $3000. I could not get the roofers or any other roofers to replace the roof for that price. I endorsed the check and sent it to mortgage company with quotes explaining that I could not get work done for that amount but was looking. In the meantime, my house sold (did a short sale) and thought I would get the insurance funds back since I filed bankruptcy, did not reaffirm, etc). I got a call that said they are keeping check to offset short sale. I even had someone at the mortgage company tell me that I should get those funds since house was not reaffirmed? Should I contact an attorney or just count it a loss?”
Asked July 18, 2018
1 Answer
If you have filed for bankruptcy and your home was not reaffirmed, you may still be able to receive an insurance claim check, but the process will depend on the specific details of your case. When you file for bankruptcy, you are required to list all of your assets and liabilities, including any insurance policies you have and any claims you may have filed. If you have an insurance claim pending at the time you file for bankruptcy, the claim will be considered an asset and may be subject to the bankruptcy process. If your home was not reaffirmed in the bankruptcy, it means that you did not sign a new agreement with your mortgage lender to keep the property and continue making payments. This typically means that the property will be surrendered to the lender and sold to pay off any outstanding debts. In some cases, the bankruptcy trustee may be responsible for administering the insurance claim and distributing any proceeds to your creditors. However, if your claim is related to damage to your home or personal property, you may be entitled to receive the insurance claim check directly. In order to receive the insurance claim check, you will need to provide documentation showing that you are the rightful owner of the property or that you have an interest in the property. This may include a copy of the insurance policy, proof of ownership, and any documentation showing that the claim is related to damage to the property or personal belongings. It's important to note that bankruptcy laws can be complex, and the process for receiving an insurance claim check can vary depending on the specific details of your case. It's recommended that you work with an experienced bankruptcy attorney to help you navigate the process and ensure that your rights are protected.
Answered July 20, 2018 by JDouglas