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insurance payment for break in Chapter 13

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    #16
    I think your best bet is to run it by your attorney. I think there would be some issue if the items that were stolen were exempted at X value, and the insurance company reimbursed you at Y value. In other words, if the insurance company were to issue a check for an amount that exceeds the amount you valued those items at in your petition, it could cause some concern. #1-were they items that were included as exempt assets in your bankruptcy petition, #2- items that were perhaps not listed at all, #3- were the values listed on your assets equal to the amount the insurance company is reimbursing.

    I am definitely not a Chapter 13 guru, but I'm just bringing up things that stick out to me as a possible issue.

    Please keep us updated on how this pans you for you, as future debtors may find themselves in the same boat and be searching for answer.
    Filed pro se, made it through the 341, discharged, Closed!!!

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      #17
      Originally posted by dneil View Post
      Brown Lab- I don't think Angelina Cat was meaning to be rude. I have been visiting this site for a while and have found a ton of very valuable information as well as met some very intelligent posters. Please stick around
      He asked a question, w/o giving any information. I had nothing else to go on. I simply asked for further information, and suggested that if he and the wife were not communicating, they needed to do so. Please see the time-lines of the posts and the responses.

      HHM also posted here asking more questions.

      Thank you
      "To go bravely forward is to invite a miracle."

      "Worry is the darkroom where negatives are formed."

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        #18
        It appears there was just some confusion here as to needing more information and misunderstandings. It is always best to post as much information about one's situation as possible to avoid numerous questions being asked by other posters. In any event, to the OP, the best thing to do while you are in your Plan is to report any and all financial dealings where there will be a check received (in this case, an insurance claim and reimbursement) to your attorney to see if it would pose any issue during your Plan. It probably will not cause an issue as your insurance would just be replacing the value of items taken and would be documented. Any deductable, however, would be your responsibility to pay. Your best bet would be to run this by your attorney to be on the safe side.
        _________________________________________
        Filed 5 Year Chapter 13: April 2002
        Early Buy-Out: April 2006
        Discharge: August 2006

        "A credit card is a snake in your pocket"

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