Won Judgment but Too Late

[originalhealer]

My Ch 7 was discharged in Nov 2006 and closed in Jan 2007.

In Sept 2006 I filed an Adversary Proceeding against a moving company that had all my belongings (which were exempt and the moving company was included in the bankruptcy).

Last month I was granted a judgment in my favor by the Bankruptcy Court for the moving company to turnover my property to the estate (i.e. me).

Today I found out from the moving company that they threw all of my belongings out last Nov/Dec 2006 (not sure when exactly)! They claim they sent me a certified letter but I never received anything.

That means that they threw out my belongings while we were still in the middle of the Adversary Proceeding.

Now I have a judgment in my favor that I cannot redeem because my things are already gone.

What can I do?

[SinkingFast]

When we've moved professionally, they usually run a list of all the items. Boxed items won't be listed individually, but large items should be. Like a sofa, table, chairs, bed, mattress, etc.

If you still have that paperwork,......... And especially if there was an insured value for your things,......... You should be able to wring some sort of money out of the moving company.

Certified letter,........ You woulda had to sign for that you received it. They should have to produce their documentation proving that the letter actually was signed for.

[originalhealer]

I do have the itemized list from the moving company.

I even have receipts for some of the new furniture that I had purchased six months before the move.

I also have my docs from the Ch 7 with my itemized list of exempt assets.

As far as the certified letter, they must have mailed it to an old address, and the Postman probably just left the slip on the door with instructions to pick it up at the Post Office.

[HHM]

Basically, what you would have to do now is probably file a complaint in State Court suing the moving company for the value of the furniture.

[NYCountry]

Your things are insured anywhere in the world. Put a claim in on your homeowner or renter's policy and if your insurance company thinks the moving company is at fault they will subrogate (pay you for the loss minus your deductable and then go after the moving company's insurer.)

[originalhealer]

Unfortunately, I didn't have tenant's insurance.

I had it before I moved, but I thought my belongings had to be with me to be covered under local insurance like that.

If I had known that a policy that I had in my state could cover possessions I owned in another state, then I would have definitely had a policy. But I never knew that, and since I am currently living with almost nothing, it didn't seem to make sense to get a policy for these measly possessions.

I did call an attorney's office yesterday, and they said that my case is still related to the Ch 7 and that I could file a "contempt of court" kind of a motion since they can't make good on the judgment.

In a way it is good that I won the judgment because that shows that the Federal Bankruptcy Court felt that I had a right to my belongings.

So I have a right now to go after the value of those belongings (though the exempt value that I put in my bankruptcy doc is sure different from the actual replacement value of all of my items).