I will attempt to answer both your questions.
1: as you stated that you had not filed a claim at the time you file your petition therefore there was no claim and you could not have filed it at the time you file your petition. Although if you're bankruptcy still open it would be proper for you to amend your petition to include it.
2: if the house still has a mortgage which requires homeowners insurance, which is most likely what will be paying this claim; the money should be going to the roof to repair the collateral that is the subject of the debt due to the mortgage company and technically the money from the claim is not yours and must be used to fix your house which is the collateral or your secured interest for the mortgage. If you do not have a mortgage on your house and the check from the insurance company will be made out to your name, the bankruptcy trustee may want that money.
I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.
Joseph F. Botelho, Esq.
BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com
126 Shove Street Unit 202 Fall River, MA 02724
Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147
Twitter
Facebook
Manta
Answered on Jun 15th, 2012 at 2:51 PM