Hello,
On 9/14/08 we had a wind storm in my area that caused damage to the fence and roof of my house. I had the property assessed by my insurance company and was awaiting a claim check to start fixing the damages, but my financial situation caused me to file Bankruptcy. I filed on 10/2/08 and subsequently received a check in the mail from my insurance company for $3K. The check was made out to my lender and me. Since I will be surrendering the property in my Ch. 13, My attorney told me to endorse the check and send it to the lender. I made a copy of all the insurance paperwork and Bankruptcy paperwork. I endorsed the check and sent all these documents via certified mail to my lender. I had my 341 meeting today and all went well except the trustee may not include the monthly amount I pay out of pocket for my son's college tuition (ugh!). This alone might raise my monthly payment in the wage earner plan! Today I received the check for $3k that I sent to the lender and it was endorsed without recourse. I have called may attorney, but have received no return call. Can I keep this money since I paid the premiums on the home owner's insurance?! Why did the lender endorse it and send it back to me? The 341 meeting is over and the house is surrendered. Will the lender attempt to collect money from me for the damages when the property is sold? Or will the trustee take this amount for unsecured creditors? If anyone has had this type of situation occur, Please give me some input. I'm holding onto the check for now. I so desperately want to keep it, because we are broke!
On 9/14/08 we had a wind storm in my area that caused damage to the fence and roof of my house. I had the property assessed by my insurance company and was awaiting a claim check to start fixing the damages, but my financial situation caused me to file Bankruptcy. I filed on 10/2/08 and subsequently received a check in the mail from my insurance company for $3K. The check was made out to my lender and me. Since I will be surrendering the property in my Ch. 13, My attorney told me to endorse the check and send it to the lender. I made a copy of all the insurance paperwork and Bankruptcy paperwork. I endorsed the check and sent all these documents via certified mail to my lender. I had my 341 meeting today and all went well except the trustee may not include the monthly amount I pay out of pocket for my son's college tuition (ugh!). This alone might raise my monthly payment in the wage earner plan! Today I received the check for $3k that I sent to the lender and it was endorsed without recourse. I have called may attorney, but have received no return call. Can I keep this money since I paid the premiums on the home owner's insurance?! Why did the lender endorse it and send it back to me? The 341 meeting is over and the house is surrendered. Will the lender attempt to collect money from me for the damages when the property is sold? Or will the trustee take this amount for unsecured creditors? If anyone has had this type of situation occur, Please give me some input. I'm holding onto the check for now. I so desperately want to keep it, because we are broke!
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