Another Storage Unit Question

[gwar11d2]

So,
My attorney asked if I have any storage units in my name....while I wait for an answer back from him, I figured I would give the forum a shout

Here is the situation:
Our friends had to leave the country very quickly and they asked us to help them with their belongings. I rented a Uhaul and a storage unit and stored all of there stuff for them. They have been paying monthly ever since (I paid the first 3 months for them because they sold a TV to me).

I have the key to the unit and the unit is in my name...

I'm filing Chap 7 at the end of the month. While I technically have control over their possessions, they intend on coming to get it all fairly soon.

Part of me wants to not say anything, and just mark it as "I have the key to their apartment". But since the unit is in my name....

Advice?

[justbroke]

Advice?

This is your attorney we are talking about. You never hold back anything from your attorney, good or bad! They can't represent you unless they know the whole truth.

Explain to him exactly what you said here. I think he's just worried about people who have property in storage units and "forget" about that property. It's not your property, so no worries!

[gwar11d2]

Oh, yes. I am tell the attorney everything. Just these little things pop up while I'm filling out all the papers that really make me think. I guess you are right, as long as you list everything, then you aren't hiding anything...and probably increase your changes of a successful 341

[q10133]

Well how does this help?

Since its in your name then would not the burden of proving they are NOT his assets be on the OP?

I somehow doubt the trustee would be that trusting. What then?

[justbroke]

Well how does this help?

Since its in your name then would not the burden of proving they are NOT his assets be on the OP?

I somehow doubt the trustee would be that trusting. What then?

The forms are filed under penalty of perjury with potential criminal conviction and significant fines. I don't believe that the poster even has to disclose that they are holding someone's property. The only standard question in the Trustee Guidelines is "Does anyone hold property belonging to you?"... as surely this goes to property of the estate. Property that is not yours, is not property of the estate, so I don't see issue with not disclosing property not belonging to you.

In any event, the poster will work with their attorney. Worse case, the poster may need to get an sworn affidavit from the person for whom he is holding property.