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Asked in Chicago, IL Apr. 15, 2017 ,  3 answers Visitors: 10
Please help. Car totalled after bankruptcy

3 Answers

Anonymous
Reply

Posted on / Apr. 24, 2017 13:37:33

Your debt was discharged.

When you didn't reaffirm, they only had the right to get back the car which is what they are doing when they get the check.

They probably didn't do a reaffirmation because they suspected that the bankruptcy judge wasn't going to approve it because you were under water so much.

They also knew you had insurance and they would get paid if something happened to the car because they were listed as loss payee.

You could pick up a couple of extra bucks by arguing with the driver's insurance that your car was worth more than what your insurance company paid. Also, there was probably a deductible that wasn't paid.

Anonymous
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Posted on / Apr. 17, 2017 14:18:41

You'll want to call a member of the Ill Trial Lawyers Assn about your injury case. They give free consults. Law only gives you the book value. Hopefully you got "gap" insurance. A consumer lawyer should also look over the contract but by the time you bought the car most lease companies had learned.

If it's your insurance check with them.

Save all records as it may qualify as a casualty loss on your taxes.

Anonymous
Reply

Posted on / Apr. 17, 2017 10:52:06

Yes. You could have and should have purchased GAP insurance to cover this contingency.

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