QUESTION

Who is the insurance company responsible if I filed chapter 7 bankruptcy but was involved in a car accident?

Asked on Dec 16th, 2016 on Bankruptcy - Wisconsin
More details to this question:
However, my insurance company deemed my car as a total loss. I owe $21,000. My car was put into my case.
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3 ANSWERS

I am not sure I understand the question. You had a car loan, but the car was totaled. You owed a deficiency, but filed a Chapter 7 BK. Assuming those are the facts, and assuming no other unusual facts exist, you would be relieved of the obligation to pay the car lien holder the deficiency. I'm surprised your BK attorney has not addressed your concerns with you.
Answered on Feb 14th, 2017 at 6:47 AM

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Your filing a chapter 7 does not ordinarily affect your insurer's liability. The property damage recovery, however, will go first to the lienholder to pay off the balance due on the loan. Usually the rest goes to you.
Answered on Feb 14th, 2017 at 6:46 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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The facts are not clear. If you were responsible for the accident and others were injured, your insurance company is still responsible on the claims of the injured parties. If you are seeking coverage for the loss of your vehicle, payment of the insurance will first go to cover the losses of any lender financing the vehicle. With respect to any money left over after paying the lender, depending on how you claimed exemptions, you may have a fight over this money with the bankruptcy trustee.
Answered on Feb 14th, 2017 at 6:46 AM

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