Are insurance policies exempted in bankruptcy?

Posted by admin | Posted in Insurance | Posted on 31-08-2009

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People often regard bankruptcy as the last option to get out of debt. Bankruptcy has positive effects too. One of the main benefits of filing for bankruptcy is that your insurance premium gets lowered to a considerable extent. Often, insurance companies regard filing for bankruptcy as an act of financial responsibility. Insurance premium gets lowered if a bankruptcy discharge eliminates debt.

Credit score plays an important role in determining your insurance premium. If you are being charged very high insurance premium due to ruined credit, you can file for bankruptcy. In due course, your credit score improves and you can enjoy lower insurance premium.

Insurance policies are treated differently in bankruptcy

If you file for bankruptcy, your life insurance policies are treated in a different manner as compared to your other assets. The main reason for treating life insurance policy in this manner is that the proceeds from the policy can be used to extend financial support to the family of the bankrupt. There are other benefits too. For instance, you can continue enjoying your health insurance benefits, in addition to unemployment benefits as well as disability benefits.

Bankruptcy following medical emergencies

A recent study states that 68% of the consumers who had declared bankruptcy owned health insurance policies. Not only this, about 50% of the people who filed for bankruptcy had done so due to health and medical emergencies.

The proceeds of your insurance policy will not be exempted though, if you encash it before filing for bankruptcy. Every state has exemptions of its own. Exemptions are made as per state and federal laws. However, you cannot avail both exemptions. It has to be either a state exemption or a federal exemption.

For instance, in Nevada, proceeds of your insurance policy will be exempted if the premium you are paying does not exceed USD$1,000 annually. In Texas, a debtor who is a beneficiary enjoys exemption of dollar amount that is unlimited. It holds true for accident insurance, health insurance and also annuities extended by an employer.

Depending on your prevailing financial condition and the unforeseen circumstances that you may face, filing for bankruptcy may enhance or restrict the usefulness.

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