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    magnet987's Avatar
    magnet987 Posts: 1, Reputation: 1
    New Member
     
    #1

    Jun 30, 2006, 10:22 AM
    Bankruptcy & insurance settlement, inheritance
    I began the process of filing for bankruptcy - saw a lawyer, did the paperwork, paid him. I'm now in the process of doing the education certificate and other requirements.

    My car was totaled two weeks ago, and the insurance company will be settling for the total loss -- it's not a huge amount, but there may be some small personal injury damages. In addition, I just learned that I may get a small inheritance.

    What would happen to these amounts if I file now? My biggest concern is that I have to buy a car, because currently I have no transportation.

    Thanks!
    RickJ's Avatar
    RickJ Posts: 7,762, Reputation: 864
    Uber Member
     
    #2

    Jun 30, 2006, 12:13 PM
    I'm finding that how and if insurance settlements affect a bankruptcy vary from state to state.

    Since you're paying an attorney to do it right for you, definitely double check with him on both the insurance settlement and the inheritance.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jun 30, 2006, 01:49 PM
    On the inheritance if you receive the money prior to the bankruptcy being discharged, it would have to be declared to the court, which depending on the amount may want it to pay on the debts you have. ( which of course is only right, since you are going to not pay a lot of people the money you owe them, they are entitiled to get what is available.

    As stated the car insurance is a state by state issue, but as a norm, since the car would have been listed both as an assest and a debt and the debt on the auto would have had to be re-affirmed to continue it, if you were going to keep the car, taking this money and buying another car should have little effect since it can be explained.

    But since you have an attorney who is ( or hopefully is) an expert on the subject in your state, set down and talk to him.

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