How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Fritz Your Own Question

Fritz
Fritz, Attorney
Category: Bankruptcy Law
Satisfied Customers: 302
Experience:  Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases
66229536
Type Your Bankruptcy Law Question Here...
Fritz is online now
A new question is answered every 9 seconds

I have a storage locker and have a past due balance on the

Customer Question

I have a storage locker and have a past due balance on the rental.

I need to remove the contents in order to stop the meter but cant afford to pay the balance in full at the moment.

I'm midway in a Ch 13.

What to do ?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  cortrightlaw replied 1 year ago.

cortrightlaw : Sounds like your only remedy is going to be getting current on your storage fees to prevent the sale of your contents. If the charges arose after the filing of your 13 filing then they can not be included in or protected by your bankruptcy.
Customer: replied 1 year ago.
Again, thanks for your response, but I am not satisfied with your answer.

Please do not respond to my question if I decide to repost them.
Expert:  cortrightlaw replied 1 year ago.
No problem hopefully someone else can assist you.
Expert:  Fritz replied 1 year ago.

If your Chapter 13 Plan is still pre-confirmation, you can try amending your Plan to add this (presumably) post-petition debt, which should be scheduled to be paid at 100% of what you owe for the post-petition storage fees. The problem is that you'd likely have to include the monthly fees going forward until the arrearage is fully paid off through your Plan (so no matter how you handle this, you likely can't remove the stuff until you pay off the arrearage). Ideally, the storage locker company would then file a Proof of Claim.

 

If your Chapter 13 Plan has already been confirmed, you could file a Motion to Modify your Chapter 13 Plan, add the post-petition storage locker arrearage to your Plan, and try to have the Motion granted at hearing. See In re Trentham, 145 BR 564 - Bankr. Court, ED Tennessee 1992 for a rough idea of how this procedure might work and the types of substantive arguments you might make, here: http://scholar.google.com/scholar_case?case=7822896100300494833&hl=en&as_sdt=2,10

 

Note that neither procedure is absolutely guaranteed to work; some bankruptcy courts will not allow post-petition claims unless the creditor actually files a Proof of Claim. The answer from the prior expert was conservative advice along these lines, as there do not appear to be any Oregon cases directly on point.

Fritz, Attorney
Category: Bankruptcy Law
Satisfied Customers: 302
Experience: Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases
Fritz and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks.

The storage contract predates the BK filing by nine months, but the delinquent charges are for months since the filing. Is that relevant to this matter ?

I'm in a catch 22 situation in that I cannot pay the full balance due at the moment and cannot thus remove my property to avoid incurring additional fees.

Is the property owner compelled to abide by Ch 13 rules with/out agreement ?
Expert:  Fritz replied 1 year ago.
Did you list the storage locker company as a creditor in your bankruptcy?
Customer: replied 1 year ago.
No - I didnt think to as I was current on rent at the time.
Expert:  Fritz replied 1 year ago.

Even though you were current on the storage locker at the time you filed, the lease should have been included on Schedule G of your petition as an Unexpired Lease. Since the storage locker company wasn't included in your Schedules, the storage locker at issue is NOT likely to be considered subject to the automatic stay, and the storage locker company could probably sell the contents of the locker at any time without violating the law. Since you obviously don't want that to happen, you would want to seriously consider amending your Schedules to add the storage locker company as a creditor ASAP. Once you add them to your bankruptcy case, the automatic stay will apply, and they would need to file a Motion for Relief from the Automatic Stay in your bankruptcy case before selling your property. If nothing else, this would at least buy you a little time to try to come up with the funds to come current so you can get your stuff out.

Customer: replied 1 year ago.
THANKS. I'll amend asap.

What happens then to my property and to the arrearage given that the creditor has to be repaid at 100% but I want to retrieve my property and stop additional storage fees ?
Expert:  Fritz replied 1 year ago.
You may want to call your Chapter 13 Trustee and ask how he or she wants you to handle this situation in your Plan. Ideally, you would be able to frontload the arrearage (pay it over the first few months of your Plan) until you come current, then you would remove the storage locker company from your Plan, grant them relief from the automatic stay, and get your stuff out ASAP. However, some Trustees may not allow you to change the treatment of a creditor during the course of a Plan (i.e. pay arrears for X months, then surrender/permit relief from stay). If yours doesn't, let me know, and I'll think of another approach.
Customer: replied 1 year ago.
Fortunately, I was able to cut a deal with the property owners when I mentioned bk as 40% of their accts are in arrears.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.
 
 
 

Related Bankruptcy Law Questions