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Is Insurance scrutinized during ch7 filing?

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    Is Insurance scrutinized during ch7 filing?

    If I file for chapter 7, will my insurance polices (car, home, personal property) be scrutinized? Will they even be reviewed? What about policies closed 90 days or more before my filing? For example if someone had "valuable property insurance" on an item but dropped it, then 90 days later filed bankruptcy, I am wondering if this typically is found in a discovery or something looked for.

    #2
    Good question. I had property insurance on a ring, but I disclosed it so it never became a issue. However if you do not disclose it and they happen to find out, they could throw out your entire case and file criminal charges against you. This would be seen as hiding assets and fraud.

    At least this is what I was told, and I believed it!! Lol! I made sure I had no funny business going on when I filed.
    8-07-09-filed Chapter 7
    11-18-09-DISCHARGED!!

    Life is not what challenges you face, but how you face those challenges.

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      #3
      Copies of your ins dec pages are usually requested by the Trustee.
      Filed CH 7 9/30/2008
      Discharged Jan 5, 2009! Closed Jan 18, 2009

      I am not an attorney. None of my advice is legal advice in any way..

      Comment


        #4
        Originally posted by StartingOver08 View Post
        Copies of your ins dec pages are usually requested by the Trustee.
        Whats insurance dec? I would understand current policies being requested, but what about past policies? As in policies which are no longer, and terminated before 90 days.

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          #5
          Insurance declaration pages (sorry).
          They only asked for current -I have no idea if the Trustee's office did any sort of check up on the insurance to see if there were changes....since I only made changes to reduce coverage to reduce payments within the yr leading up to the Bk.

          However, at the time I had a high monthly payment for a life insurance policy and the Trustee did inquire about that at the 341. The payment was $870/mth (whole life). The ins originally was term for about 8 yrs and then I converted to whole life when I was diagonosed with breast cancer. Kept the whole life thru the BK but ended up canceling afterward. The attorney pointed out that the policy was in place for a long time and could never be picked up again if canceled (due to the cancer) - so yes, some ins items get their attention especially if you have cash value in your life insurance. (Which is protected by Fl exemptions BTW).
          Filed CH 7 9/30/2008
          Discharged Jan 5, 2009! Closed Jan 18, 2009

          I am not an attorney. None of my advice is legal advice in any way..

          Comment


            #6
            Originally posted by NoMoreCards View Post
            Good question. I had property insurance on a ring, but I disclosed it so it never became a issue. However if you do not disclose it and they happen to find out, they could throw out your entire case and file criminal charges against you. This would be seen as hiding assets and fraud.

            At least this is what I was told, and I believed it!! Lol! I made sure I had no funny business going on when I filed.
            I kinda disagree. I doubt that in a 7 they would go to this extent and in the event the OP does list this item, jewelry has a very low resale value. I would mention it in my papers as old jewelry, not collectible (it means nothing to me) but even an heirloom may be worthless to anyone but the holder.

            This is nothing really to worry about unless it has a vast intrinsic (not personal) value. It is a non-issue. 'Hub
            If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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