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Elizabeth Prentice
Elizabeth Prentice, Attorney
Category: Bankruptcy Law
Satisfied Customers: 170
Experience:  Managing Attorney for one of the largest consumer bankruptcy firms in America.
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Case closed a couple months in Southern California ago due

Customer Question

Case closed a couple months in Southern California ago due to form 23 issue. Since I have a couple debts to add that were not included in closed case without discharge (I'm already aware of 30 day stay and fees for reopening vs new file) Wouldn't it be advantageous to start new file since my storage fees were $200 but are now $2000...can't the new fees be included since it is still a debt I listed previously but a higher amount? I have a good chance at getting my stuff back with an amount I can most likely pay vs the elevated charges. I understand it's not a likely scenario...the storage is a secured debt & I was told (by legal help provided at courthouse AFTER my case was dismissed) I had no clue that I am responsible for all fees after filing date which was in 3/2013...so Schedule F wouldn't apply to update new fees for this debt would it?
Submitted: 11 months ago.
Category: Bankruptcy Law
Expert:  Elizabeth Prentice replied 11 months ago.
I am a bankruptcy attorney and I would be happy to assist you! If your case is reopened, you will need to file a new statement of intention which states whether you plan to reaffirm the debt & lease, redeem it or reject it. You will also need to file a Motion for Turnover in order to get back your things. You will not need to file a new amended Schedule F.

I hope my answer has assisted you and that you will leave me a positive rating!
Customer: replied 11 months ago.

Thank you for your answers. I am confused with this Motion for turnover as no one along the way has mentioned this. Will this motion really get my stuff released without paying their high "ransom" first? I read on another website about a demand letter from the trustee to the business to release the contents " in order to sell...et etc etc..towards debt payoff" wink wink and that it is not always successful. I was told by legal assistance at the courthouse that any stay for my storage would not resume when the case is reopened and the only hope I have is to try to get them to reduce the storage fees and I that most people never get their stuff back..my stuff is due for auction next month..what a mess...thank you again

Expert:  Elizabeth Prentice replied 11 months ago.
The legal service is correct. The stay will not resume. If your 341 has already passed, the trustee will have made a determination regarding your things, IF the things had been taken prior to your originally filing bankruptcy. Otherwise, it is up to you to file a Motion for Turnover of your items. Case law and the forms vary state by state. You should consult with and retain a local attorney if you are interested in attempting to file a Motion for Turnover. Otherwise you should negotiate with the creditor when signing a reaffirmation agreement. Good luck with your matter.

I hope my answer has assisted you and you will leave me a positive rating. Nothing should be interpreted as legal advice on this site, as it if a forum for question and answers. No attorney - client privilege or relationship is created herein.

Elizabeth Prentice, Attorney
Category: Bankruptcy Law
Satisfied Customers: 170
Experience: Managing Attorney for one of the largest consumer bankruptcy firms in America.
Elizabeth Prentice and other Bankruptcy Law Specialists are ready to help you
Customer: replied 11 months ago.

Based on my understanding the best thing to do for me is to file a new case? this motion for turnover isn't an option anymore for my still closed case correct? (I am in Orange county CA BTW)


I should be able to get a fee waiver for the filing so I am asking based on exactly what is best route for me to in regards to losing everything I own (I lost my home so even more urgent to keep this) need and not based on costs for filing or reopening


I do understand that your responses are not to be construed as legal advice or representation. I received an email asking if I had any further questions to this conversation so please understand I am not trying to cross the line in regards to how many responses I can obtain


 


thank you again

Expert:  Elizabeth Prentice replied 11 months ago.
You can file a new case as long as your case was not dismissed without prejudice; however, as you are aware the "stay" will not be the same. It will expire 30 days after you file, unless you file a Motion to extend the stay. Make sure to list on the Statement of Financial Affairs that the creditor which took your possessions and a listing of what they were. Regardless of whether you refile or reopen your previous bankruptcy, the storage creditor is most likely a secured creditor depending on the contract you signed to rent the storage unit. That means they had a right to take and potentially auction off the things from your storage unit, when the bankruptcy stay ceased. If they are considered a secured creditor, then they must be listed on schedule D and you must list your intention on the Statement of Intention. If you are interested in obtaining your possessions back (and they have not been auctioned off), then you may have to negotiate for a redemption or reaffirmation agreement. If they have been auctioned off or you do not want them back, you can list the creditor on schedule F and the debt will be discharged. Then you can list the value of the items (what they took) and how much they got for them on the Statement of Financial Affairs. If it is in excess of $600 and it was in the 90 days before you refile, then the trustee may require the turnover of the monies from the auction, but the trustee is not required to. If he doesn't then it will be up to you to request the funds from the creditor based on preference law.

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