If my car is totaled and in chapter 13 bankruptcy can i file a motion to keep the issurance check or what are my options?
3 attorney answers
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Do not attempt this on your own. Trying to represent yourself in Bankruptcy is unwise to put it nicely. There are both Federal and Local Rules of Bankruptcy that must be complied with. It is not merely filling out forms. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced MD bankruptcy attorney. Use AVVO's Find a Lawyer tool to select a qualified attorney. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
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First, if you have an atty call!! Second, it depends. Was there a lien on the car? If so, then NO, you can't keep the proceeds. In fact, you may need to modify your plan. If there was no lien and the car was EXEMPTED, then yes, the money would be yours.
This is not to be considered legal advise and no attorney client has been established.
Yes. You can file a motion to allow you to keep the insurance proceeds. You could also file a motion to substitute collateral to allow you to get a new car and apply the insurance proceeds toward the car and have the lien from the now totaled car to apply to the new car.
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