Hi, I'm new here and have been stressing since I decided to file 6 months ago. I searched dozens of pages of thread and cant find an answer. My attorney filled on Dec 1. The 341 Mtg. is in Jan 07. Last week I had massive water damage caused to my Condo ceiling which Im keeping in the BK (chap 7) by the unit owner above leaking water into my unit. The ceiling basically partially collapsed. They're ins. admitted liability and is preparing to send me a check for the repair work claim which is about $5000.00. I need to repair the ceiling so I can use the shower again. Can I do this? Do I have to report it now after I've already filed? Will they want this money? Im barely into Chap 7 because of my income. I have 0 disposable income to fix this. Will this push me into Ch. 13? I dont know what to do. Thanks in advance for the replies/
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Insurance claim after filing but before 341mtg.
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Just a thought for you here,............
Instead of the insurance company cutting a flat check to you,.............
Contact the insurance company and tell them you would be more comfortable actually getting the repair work done than accepting a flat payment. Suggest that you hire a Contractor which the insurance company would pay direct. Get some estimates to repair the damage. Select a Contractor. Have the insurance company pay the Contractor direct for the repairs to your home.
No money in your hands and you get the repair work done.
That way, if it costs less, the insurance company saves. If it costs more, you don't get stuck with the remainder of the bill.Filed Ch 7 - 09/06
Discharged - 12/2006
Officially Declared No Asset - 03/2007
Closed - 04/2007
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...
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Thanks for the idea, but I already had a estimate done and that is how they actually prefer it because if I use their guy and 6 months later there is a problem with the work they dont want to be responsible. They told me today that they are mailing out the acceptance form for me to sign and then they will mail the check. How does this affect my BK? Since Im keeping my property-its appraised for 200,000 and I owe 190,000, My state allows 15,000 in equity, I have 10k, can this amount be included since it is for NECESSARY repairs? and still be within the 15000.
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