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Would this be considered insurance fraud? (See details)

Asked by ItalianPrincess1217 (10524points) February 15th, 2013 from iPhone

My car was totaled in an accident. The other guy’s insurance company wrote me a check for the blue book value of the car. Unfortunately it wasn’t enough to pay off what I owe on the car. If I choose to keep the check and not pay the dealership, is this insurance fraud or illegal in any way? Keep in mind I am filing chapter 7 bankruptcy this month also (if this has any effect at all). I just don’t want to do anything that will put me in jail. I also don’t want to give my only money to a dealership and still owe them thousands more on a car that I don’t even have anymore.

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