Legal Question in Bankruptcy in California
Bankruptcy
A friend of mine had a fire in her condo and the insurance will cover only the exterior. She has about $20,000 in credit card debt. She barely makes enough for the basics, mortgage payment, car payment and is very behind on credit card payments. She doesn't want to loose the condo. Can she file bankruptcy and keep the condo since the equity value is probably now below $50,000 because of the fire?
2 Answers from Attorneys
Re: Bankruptcy
Have you considered suing your insurance company for wrongful denial of claim? They do make mistakes as to what you are entitled to from time to time. Let me know.
Best,
Daniel Bakondi, Esq.
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Re: Bankruptcy
There is a homestead exemption in California that could possibly protect the equity in your friend's condo. However, the decision to file bankruptcy should only be made after consulting with a qualified bankruptcy attorney.
Mr. Bakondi is correct to point out that the insurance company might be mistaken about the coverage. Your friend should contact an attorney who knows insurance coverage law. In a condominium, an owner with fire damage should look at both their own homeowner's policy and the HOA's insurance policy for coverage.
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