Car was totaled guy ran a red light I made a left into an establishment now geico his insurance is saying that I am at fault. i just put an engine and transmission in the car over a year ago and by the looks of it i owe 4500 and only getting 3500 for the car from insurance
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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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.
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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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