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Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2900
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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Our home burned down last year six months after we filed bankruptcy.

Customer Question

Our home burned down last year six months after we filed bankruptcy. Allstate insurance is denying the claim inciting we are committing fraud because on the bankruptcy the attorney put our house whole content was 1,500.00 dollars. We were not aware he put this amount on there and I'm not sure it would have made a difference to me since I don't know bankruptcy law.
The insurance commissioner of Alabama told me Allstate could not use the bankruptcy against us that that was against the law. What law was he talking about? I need something to show the judge. AllState is suing us for fraud and we have to go to court in two weeks. Can you tell me of this law and can I excess the bankruptcy cases this attorney has done for the last year or so. He puts 1,500.00 on all of his cases. Were we suppose to have made a list of everything in the house when filing?
Please email me or call me please. I need help!!!
Thank You. [email protected]
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 7 years ago.
Hi and thank you for your question.
When you signed your petition, you signed it 'under oath' that the contents are true, accurate and complete. Therefore, they can use that information when reviewing future matters such as this. While you don't need to list every item you own (you can if you want) generally listing 'miscellaneous household goods' is sufficient for the bankruptcy case. IF the case is still open, then you can file an amended schedule to correct the inaccuracy, being aware of the allowable exemptions to protect these assets (if too valuable, the court could liquidate to pay your unsecured creditors). If not, then you should focus on convincing the insurance company that the amounts listed were actual value of the items, not the replacement value (for new items). It would depend on your insurance policy, if this would make a difference. You may want to talk to an insurance attorney to help you get the claim paid. Unfortunately though, this information can be used to review the claims. Thanks for your question and good luck.