O.k. so here it is my car was stolen back in september and my insurance denied my claim becuase they said i filed a fruadelent claim. The bank repoed my car already an now I am filing bankruptcy. Will the trustee deny my claim for the auto loan.
Will someone from the bank show up at the trustee meeting and bring the information from the insurance there. Also I filed the claim in september. But the car was repoed in october while the insurance still had it. right now i owe the bank aroung 7,500. will i be responsible for repaying them. What can i do if the insurance already denied my claim.
Report about Auto Insurance information
At this point, I recommend that you retain an attorney, if you haven’t already.
Did you file as stolen, before you found out that it’d been repo’d? If you did, you probably just need to clear that up and be honest with everyone. Get records from police, repo, bank, etc., and fill out any paperwork necessary (and advised, re: your attorney) to clear this up.
If it was stolen before repo got a chance to collect, then you’ll need to speak with the police again, and probably get the repo and bank people to verify that they don’t have the car.
From what I understand, the trustee can, and probably will, deny your claim for the auto loan, until this is cleared up.
WHAT claim for the auto loan? The claim’s been denied by the insurance company! If you did NOT file a fraudulent claim, you’ll have to write to your state insurance commissioner and complain, and request they demand the claim be reopened.
In any case, you’re not going to see a dime of the claim money, it will go to the bank, but if you CAN get the bank paid, it will lessen thte amount you’re going to owe them, to be discharged in bankruptcy.
Your problem is not likely to be the trustee. However, a creditor might file a complaint to bar the dischargeability of a particular debt. I don’t have enough details to be sure about this. However, such a claim, if it is to be filed, must be filed within 60 days of your creditors meeting unless that time is extended, on notice and hearing, for good cause shown.