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I had a house fire and lost everything. I am receiving a check

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I had a house fire...
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: 1 year ago.Category: Legal
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4/19/2016
Lawyer: Maverick, Attorney replied 1 year ago
Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 6,426
Experience: 20 years experience as a civil trial and appellate lawyer
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Welcome to Just Answer (“JA”)! My name is Maverick. Please note that: (A) The information we provide is general information. No attorney-client relationship or privilege is formed by communicating with me. If you want legal advice, you must consult with a local attorney in person before acting or deciding not to act based on any information given here; (B) Experts answer questions based on the honor system. When I feel that I have provided you with a complete answer, I will ask for you to assign a feedback rating so that JA will compensate me for my time; and (C) You should not be concerned about any short delays between your questions and my replies. Please know that I answer most questions within the hour if I am signed on. If I am not signed on, then I still make every attempt to respond within 24 hours. Thank you for taking the time to understand how this site works. By continuing, you confirm that you understand and agree to these terms. Answer will follow in the pane below as per above parameters….
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Lawyer: Maverick, Attorney replied 1 year 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?
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Customer reply replied 1 year ago
yes I understand thank you
Lawyer: Maverick, Attorney replied 1 year 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?
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Customer reply replied 1 year 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 reply replied 1 year ago
The bankruptcy was in 2005.
Customer reply replied 1 year ago
Are you still there?
Lawyer: Maverick, Attorney replied 1 year 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.
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Customer reply replied 1 year 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.
Lawyer: Maverick, Attorney replied 1 year 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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Maverick
Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 6,426
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Experience: 20 years experience as a civil trial and appellate lawyer

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