What Happens to Insurance Proceeds for a Totaled Car in Chapter 13?
By Andy Miofsky, Illinois Bankruptcy Attorney
In the Southern District of Illinois Bankruptcy Court, one option permits the insurance company to pay the money directly to the car lender. Another option lets the debtor use the proceeds to purchase a substitute vehicle.
The insurance money is property of the bankruptcy estate under contractual terms that make the money payable to the debtor, [...]
Trustee Holds Feher Proceeds Until Completion or Dismissal of Chapter 13 When an insurance policy pays a damage claim for a totaled car that is involved to a chapter 13, the bankruptcy trustee is required to hold excess money over the amount of the lender’s secured claim according to In re Feher, Southern District of Illinois case Bankruptcy Number 95-30444, Adversary Number 96-3133...
When Your Chapter 13 Is Finished Completing a Chapter 13 Plan is quite an accomplishment for anyone, and it’s something to be proud of, no matter the circumstances. I recently discovered that one of my clients had not only completed her Chapter 13 Plan payments (which totaled more than $1000 per month for 60 months) but that she had never [...
Getting Totaled by State Farm Redlands, CA: Over the past several years, State Farm Insurance has taken public steps to shine up its image of fair dealings with its policyholders. Yet it revealed quite a darker face to Rachel when she tried to obtain a State Farm totaled vehicle title for an unfit car.