What do I do when a car insurance company issues the check in my name and the finance company?

Bankruptcy and Debt 3 views 3 answers
I am currently in Chapter 7 bankruptcy Before surrendering the vehicle I got into a non fault accident. I ask the other parties insurance to do a cash payout since I would be surrendering the car.

Attorney Answers

3
Rima Bardawil ·
This needs to be handled by your Bankruptcy Attorney. How can you get cash for a car that you don't own free and clear, and is being financed? If it is being financed, the bank has a legal lien on the car, and that means money for the loss of it as well. Plus your being in Bankruptcy changes many of your rights, and your Bankruptcy Attorney will explain that to you. Please don't post things that could get you into trouble. Be careful and speak with your lawyer.
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John Emanuel BorbaLitigation LawyerSanta Rosa, CA ·
Filing of a petition in bankruptcy requires you to identify any potential claims for monetary relief. If you fail to disclose to the Court, it could jeopardize your petition and result in criminal charges. If the payment is for personal injuries, you have a duty to disclose. If the payment is for damage to the car which is part of the bankruptcy estate, you have a duty to disclose. Please consult with your bankruptcy attorney on this very important issue. Good luck!
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William Waters ·
In all likelihood the insurance company issued the check jointly in your name and the finance company name because 1) The finance company is a lienholder and has a legal interest in the vehicle and any such payments and 2) You were included on the check as well since it is not the insurance company's responsibility to try to sort out who is legally entitled to the payment. You should endorse the check over to your finance company since they are legally entitled to the proceeds. You get to walk away from any personal liability for the finance agreement for the car and for the damage to the car. To not inform the finance company of the settlement check or to try to cash the check without their endorsement would probably be actionable as fraud. All of this assumes the accident took place after you filed your BK petition. If the accident was pre-petition, then as other responses have said, you had/have a duty to inform the Trustee of the pending action / claim for damages. To the extent you would be entitled to receive any of the settlement proceeds, i.e. due to personal injury, that too would have to be disclosed on your Schedule B and exempted to the extent possible on your Schedule C.
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