Q: After bankruptcy my car was never repossessed. Last week the car was totaled. How can I get the $$ instead of the bank?

A: I sure hope you had insurance. The creditor who you still owe money to should get the insurance proceeds. You can get money for your pain and suffering, lost wages etc.. Contact a good personal injury attorney right away if you were injured and go over your whole situation with them right away.

A: Unless the bank didn’t place a lien on your car, the proceeds will go to the lien holder.

A: If your car was not repossessed after bankruptcy and has now been totaled, the insurance payout typically goes to the lender first. This is because the lender likely still holds a lien on the vehicle, meaning they have a financial interest in it until the loan is fully paid off. The insurance company usually sends the payment to the lender to cover the remaining balance of the loan.

However, if the insurance payout exceeds the amount you still owe on the loan, any leftover funds would come to you. In this case, you should confirm with the insurance company and lender to ensure you're receiving any balance after the loan is satisfied.

If you believe the lender should no longer have a claim due to the bankruptcy, it might be helpful to review the terms of your bankruptcy discharge. Sometimes, even though personal liability on the loan is discharged, the lender retains their right to the collateral (your car). You may need legal advice to clarify your rights in this situation.