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Ask Maverick Your Own Question
Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 6078
Experience:  20 years experience as a civil trial and appellate lawyer
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I had a house fire and lost everything. I am receiving a check

Customer Question

I had a house fire and lost everything. I am receiving a check for my struture but since I filed bankruptcy in 2005 and had an asset of 1500 on my bankruptcy the claim adjuster is only paying 48k for the contents. Isn't there a Statue of Limitations on how far back a bankruptcy can be taken into account such as one year in TN. ???
Submitted: 11 months ago.
Category: Legal
Expert:  Maverick replied 11 months ago.
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Expert:  Maverick replied 11 months ago.
but since I filed bankruptcy in 2005 and had an asset of 1500 on my bankruptcy the claim adjuster is only paying 48k for the contents. 1. Are you saying that the insurance adjuster is deducting payment of the $1,500 asset that you did not pay the debt for because the debt was discharged in the bankruptcy? 2. What was that asset? 3. Does your policy have any language that would allow the adjuster to make a deduction for items declared in an BK?
Customer: replied 11 months ago.
yes I understand thank you
Expert:  Maverick replied 11 months ago.
but since I filed bankruptcy in 2005 and had an asset of 1500 on my bankruptcy the claim adjuster is only paying 48k for the contents. 1. Are you saying that the insurance adjuster is deducting payment of the $1,500 asset that you did not pay the debt for because the debt was discharged in the bankruptcy? 2. What was that asset? 3. Does your policy have any language that would allow the adjuster to make a deduction for items declared in an BK?
Customer: replied 11 months ago.
1. yes but she increased it to 3000 since some of the contents was my sons and husbands
2. contents, house etc. My bankruptcy attorney advised me of the amount.
3. No The insurance policy states "they will pay regardless of insolvency or bankruptcy." I read that very clearly.
Customer: replied 11 months ago.
The bankruptcy was in 2005.
Customer: replied 11 months ago.
Are you still there?
Expert:  Maverick replied 11 months ago.
This all sounds very strange. I have never heard of an adjuster deducting the amount owed because it was associated with an asset that you were able to keep through a bankruptcy. Unless there is something in the policy that permits such a deduction, I would challenge it. Now, there may be something in the policy that excludes coverage for items in the home that do not belong to you; but even that would have to be specified in some way. That said bankruptcies remain on the credit report 7-10 years and this is not really a limitations issues as much as what the terms of the insurance policy say. You will either need to settle with them for a total amount or sue them for a total amount that you think is fair under the policy terms. I doubt they will let you do it piece meal.
Customer: replied 11 months ago.
Then I will sue because my policy does not have anything that states anything about a bankruptcy and not paying the total amount owed. Thank you very much.
Expert:  Maverick replied 11 months ago.
Your welcome. Please remember to assign a feedback rating so that JA will compensate me for my time. Thank you.

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