The Bankruptcy Court has every right to claim the proceeds of a life insurance policy once you are declared by them as insolvent.
When no beneficiary has been designated the proceeds of a life Insurance policy are assigned to the probate estate of the deceased insured. It would then be apportioned by the probate court to any surviving heirs.
Under normal circumstances the named beneficiary collects the proceeds from a life insurance policy without court intervention.
If a decedent was the owner of a life insurance policy you may need to probate their estate in order for ownership of the policy to pass to the heirs. You need to contact the insurance company listed on the policy and inquire there about changing the ownership.
Yes..However, an attorney should answer this question..I do believe the bankruptcy court must approve of the sale..Any proceeds from the sale that you may pocket, could be used to to pay creditors, if the bankruptcy court orders it.
Yes you can sale your home but the bankruptcy court will take the proceeds from the sale and disburse them to your creditors that you owe. No, everything except your selected exempt property belongs to the bankruptcy estate, as of the moment you file, and it can only be sold by the bankruptcy trustee, with permission of the court, to satisfy your debts in an orderly fashion.
For the most part, no one. A court might make some changes, but those are most likely to be as a result of judicial proceedings taken prior to death, but even that does not contemplate post-death changes. A life insurance policy is a contract, and barring unforeseen circumstances, the insurer is obliged to pay the policy proceeds to the beneficiary(ies) named on the application for the policy when a valid claim for proceeds is presented. If the named beneficiary(ies) pre-decease the insured, the contingent beneficiary (if one has been named) get(s) the proceeds. If there is no contingent beneficiary, subject to the terms of the policy, the proceeds may be payable to the insured's estate. The proceeds would then pass according to the directives of the insured's Will, or if he/she did not have one, according to the jurisidiction's laws of descent and distribution (intestacy).
It is the responsibility of the person holding the life insurance policy to keep the beneficiary data updated as necessary. In the scenario in the question, the ex girlfriend was listed as the beneficiary ... and will be awarded the proceeds from the policy. Unfortunately, there is little the spouse can do to stop that. The beneficiary designation is binding and will hold up in a court of law.
The proceeds of the policy are paid to the estate and the estate must be probated. There is usually an expedited probate process for small estates. You should inquire at your probate court.
The court can make any judgment they wish in regards to a claim regardless to what is covered by the insurance companies policy. What happens is the individual policy holder is now on the hook for the damages that the insurance company is not going to cover. The terms of the policy would be inforce unless a court of authority finds the insurance company was negligent in it's exclusion of specific terms in the policy. So basicly the insured person who was covered by the policy is out of pocket the amount of the awarded claim regardles of the insurance company covering that exclusion or not.
No, discharged debt is considered a forgiveness of debt and not a bankruptcy. Bankruptcy can only happen as a result of bankruptcy court procedure. Certain loans can be discharged due to hardship or disability, especially if there is an insurance policy in force to cover such a situation. When a loan is forgiven due to hardship or disability, the debtor's credit rating is usually not affected.
Insurance Inormation is protected under Federal and State privacy laws. You can "ask" them for their insurance policy number if you feel they are liable for some type of damage and that you have a legitimate claim. You can also file a suit against them in court and have the court order they release the information to you if the court agrees that you have a legitimate need for the policy number.
Federal Bankruptcy Court hears bankruptcy cases.
I assume if there was no will, there was no trust. I also assume the beneficiary(s) on the policy are also deceased. The estate will go through probate. You will have to advise the court of your status as an heir and once the probate proceedings are completed, you will get your share of the life insurance proceeds.
You cannot sell your property during a bankruptcy proceeding. If a bona-fide offer is made to purchase the property a motion is filed for permission to sell. If allowed, an order is issued by the court that frees the property from the bankruptcy so it may be sold free and clear of your bankruptcy by the trustee. The proceeds from the sale will then be controlled by the trustee in bankruptcy.
There may not be a specified beneficiary still living or even listed on a policy but there is alway an estate. Perhaps you mean they had no will. If the person died "intestate" meaning without a will, the laws of the state where they resided in specifies where the proceeds of an estate go to and how they are divided up. The court will appoint an administrator or executor to handle the assets of the estate. If you have a specified beneficiary your like insurance proceeds will actually bypass probate in most cases and will go directly to the specified beneficiary.
Unless the policy specifies that the beneficiary designation is irrevocable, the owner of the policy, who is most often the insured, has the right to change the beneficiary of a life insurance policy at any time prior to death. That said, a third party may also contest the right of a beneficiary to policy proceeds by making a claim to them forms required by the company. In that case, there may end up being a contest between the competing claimants, such that the insurer would want to commence an "interpleader action" in a court of competent jurisdiction. The insurer would thereby ask the court to determine which of the claimants it should pay, and by so doing, try to avoid getting in the middle of the dispute. The court would hash out the rights of the parties to the proceeds, and the insurer would pay the winner.
Yes. The federal court system has exclusive jurisdiction over bankruptcy cases; they are heard in US Bankruptcy Court.
Life insurance is often purchased on the advice of an attorney when writing your will and planning your estate. When you purchase a life insurance policy, you need to name someone as the beneficiary of the policy in the event of your death. The beneficiary of a life insurance policy is the person who receives the insurance money after the death of the insured person. Anyone can be named as the primary beneficiary of your life insurance policy. In most cases, the person you choose will be your spouse. If you live in a community property state, laws in those states require you to name your spouse as beneficiary unless he or she has given you written permission to name someone else. You can also name a contingent beneficiary that would receive the proceeds of your life insurance if your primary beneficiary is deceased. You can also name two or more people as your primary beneficiaries. For example, if you have no spouse or children, you may choose two siblings to share the proceeds of the policy. In this case, specify the percentage of the proceeds that each sibling gets, i.e. fifty percent each, instead of an exact dollar figure. If you have minor children, your main reason for purchasing a life insurance policy may be to provide for their care until they reach adulthood. You and your spouse need to name a guardian for your children in your will, especially in the event that you both die at the same time. The beneficiary of your life insurance policy in this case could be the named guardian or a trust fund set up to hold the policy benefits. If you are a single parent, these decisions are critical to your children's future. You should avoid naming your estate as beneficiary since all assets in your estate must be distributed to the appropriate heirs by a probate court. Probate court proceedings can significantly delay payment of benefits to your loved ones. If a specific person has been named as the beneficiary, the proceeds are paid directly to that person and are not subject to the probate court. After you are satisfied with your beneficiary designation, you should periodically review your estate plan and will. You can easily revise the beneficiary to your life insurance policy when changes occur in your life.
The bankruptcy court will deal with ALL your assets.
Bankruptcy can be filed at the Bankruptcy court for the area you are in. For instance in Northern Florida, it's the Florida Northern District Bankruptcy Court.
Bankruptcy is a federal court process. It is designed to help consumers and businesses eliminate debt or repay debts under the protection of the bankruptcy court. There are two categories of bankruptcy, "liquidation" or "reorganization":Liquidation bankruptcy (or Chapter 7) - a consumer or business asks the court to discharge the debts owed (some debts cannot be discharged). In exchange, the business's assets or the consumer's property is sold (liquidated) and the proceeds are used to pay off the creditors.Reorganization bankruptcy (chapter 13) - involves filing a plan with the bankruptcy court suggesting how you will repay your debt. Some debts must be repaid in full while others require only a percentage or nothing at all.
In a FEDERAL Bankruptcy court
Bankruptcy Court is filed in Federal District Court, however, exemptions claimed are state regulated.
A commercial insurance policy covers any court and/or attorney costs, loss of income and other such expenses if a lawsuit is involved. It does not cover incidences where willful neglect is involved.
If you believe that you are a beneficiary of someone's life insurance policy, but don't know which insurance company - go to court and request to see the probate file of the deceased's estate. It should be listed there.
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