help with a decision on insurance check before filing bk

[flhx1550]

So I have a question about a insurance check that I have in my posses that I have not cashed yet.

I had some hail damamge on my roof last fall that was estimated at 3600 to repair, the insurance cut me a check for 1800 to cover the first half of the repair.

How the process is supposed to work is they pay the first half, I pay the second half, and when the work is complete, they cut me a check for my out of pocket minus my deductable (500).

now, I have recently been laid off and taken a job that pays signifantly less (half) of what I used to make, where I was allready sturggling to pay my bills.

I am about 80 percent sure I will be filing chapter 7, and will be giving up my house in the process due to my new job is 2 hours away and I am upside down by $25k

what do I do with the check? im not going to fix a roof on a house thati plan on surrendering, so if I use the 1800 as down on a apartment, or cash the check to fix my vehicle (which I hope to keep) what would happen?

[bigtim6656]

cash the check and use it to file. That might not be the legal thing to do. but it is what i would do. Around here normaly the insurance company cuts you a check and it is up to you as to weather or not you fix it.

[justbroke]

Use the check to pay for your lawyer and filing fees. Otherwise, use the money, over time, to pay for necessities (food, clothing, repairs, etc). The deposit on the apartment may be a legitimate expense as well.

[OhioFiler]

Many mortgages require the insurance company to list the mortgage processor as an additional payee and the insurance company makes the check payable to the homeowner and the mortgage company. This way they can force the repair be completed or refuse to endorse the check.

[Flamingo]

You have an $1800 insurance settlement (it appears to be in your name only) from your insurer to repair your roof. from damage that was covered by your homeowner's policy The way your insurer has it set up to avoid fraud is to only give one-half of the full settlement and then get proof of the work so they don't end up making tons of payments to insured folks who make claims and don't go through with the repairs; i.e., your situation. The money is yours however you want to use it but you may have to mention it if it falls within the six month period before filing as it is a settlement. If you repaired the roof, it would offset the settlement; but you are cashing the check for your own personal use.