QUESTION

I filed for Chapter7 the other day. if I file an insurance claim for a roof, is that money that i get going to go to the trustee? i am in Missouri

Asked on Jun 15th, 2012 on Bankruptcy - Missouri
More details to this question:
My insurance company came out today to see if I could make a claim on my roof from a storm that happened several weeks ago. I did not had an appt Monday morning (the day of my filing) but it rained so the insurance company rescheduled the adjuster to come out Friday. After seeing the roof, they said they are going to pay for a new one. When I filed I stated that I did NOT have any claims because technically I did not. I was inquiring about one, but did not have anything in writing yet. 2 things: 1. should I have listed that as a claim even though it had not happened and 2. is the money from the insurance company going to go to the trustee or will i be able to use it to actually get a new roof (the reason i am getting money in the first place)
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1 ANSWER

Personal Injury Attorney serving Fall River, MA at Botelho & Associates, LLC
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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

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