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  1. #1
    Join Date
    Dec 2012
    Location
    Missouri
    Posts
    1

    Default Lender Filing Insurance Claim for Damages Done to Car 2 Years Before Bankruptcy

    My question involves (post) bankruptcy in the state of: Missouri

    If this question does not fall in this category I apologize.. I was not sure which it should fall in.

    I live in Missouri and filed for bankruptcy 6+months ago. Everything has already been discharged. During the filing I chose to keep my car in the filings but never signed a reaffirmation agreement with the lender. Due to circumstances the car was then repossessed in July 2012. I have, in the last 3 weeks received a phone call from my current car insurance carrier and today received a call from my previous car insurance carrier telling me the lender has filed a claim for damages done when I had the car (damages were done over 2.5yrs ago). I never filed a claim when the damages were done because I did not want my rates to go up and it was mainly cosmetic damage on the car. The damages were listed on all the paperwork when I was in the filing process for the bankruptcy. The current insurance said they will be denying the claim since I did not have their coverage when the damages occurred. The previous insurance company did not say they if they would deny or not. I am just curious if any one has any info on a situation like this. I did not sign a reaffirmation agreement so I was under the understanding that the lender could not come after me for money once the discharge took place.

    I have already spoken to the lawyer that did my bankruptcy and she has personally never dealt with a lender doing this. Is it possible for the lender to come back after me for the claim? Could the previous insurance company expect me to pay if they pay out the claim the lender filed.

    Thanks in advance for any info.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Lender Filing Insurance Claim for Damages Done to Car 2 Years Before Bankruptcy

    Should we infer that this was a zero assets Chapter 7 discharge?

    If the insurance company denies the claim, the creditor would have to consider its options in trying to recover compensation for the damages through the bankruptcy proceedings, and unless they can show something that makes the debt nondischargeable (e.g., fraud) I would expect the claim for the damages to have been discharged as part of a zero assets Chapter 7 case. If your lawyer is perplexed, perhaps there are additional facts that she is considering that, as of yet, we don't know.

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