Disharge and small storage unit problem.

[sdbird101]

I was discharged on the 4th and several days later my storage unit company said I could now come pick up the items from my storage locker. I stopped by today and now they say that offer was then only for the couple hour perios of time that they called and I now owe them $210 today, or they are selling my stuff off and adding an $85 dollar fee effective tomorrow and then reporting it to my credit.

They asserted no claim to my items in my bankruptcy, and this debt should be dishcharged. I feel they are not acting properly.

I really can't pay this, don't want it on my credit report, and would kind of like the stuff.

Any Ideas?

[DebtEnder]

Not sure how to approach this, but why did you not get the stuff out before discharge?

What is the $210 charge for? Back rent on the storage, rent from the 4th till now? Rent from the date you filed?

[sdbird101]

I believe it is for accumulated charges since filling. Since I was delinquent, I do not believe my code worked to retrieve my items.

I'm thinking about sending a certified letter to address that since they did not object to being listed as an unsecured creditor, the stay is still in effect, plus they previously violated the stay with collection efforts, so I will take my stuff and a zero balance or see them in court for stay violations.

[DebtEnder]

If they had a perfected lien before you filed you could have an issue. If it was just past due then they would not have rights to hold your property. Did you try to get in, did you ask them to give you access?

If you did and they denied it, and you have a record of such you should be golden. As you said they were fine being listed as unsecured. Odds are they did not file a lien on it.

Also the Stay is in effect till discharge, not closing of the case, so you are not protected by that anymore.

[NoMoreCards]

I believe it is for accumulated charges since filling. Since I was delinquent, I do not believe my code worked to retrieve my items.

I'm thinking about sending a certified letter to address that since they did not object to being listed as an unsecured creditor, the stay is still in effect, plus they previously violated the stay with collection efforts, so I will take my stuff and a zero balance or see them in court for stay violations.

I may be wrong here, but all charges since filing date are yours to bear. Unfortunately we can not continue to incur charges after filing date and expect them to be included with the filing. At least this was my understanding from my attorney.

Also, the stay is not in effect and stopped when you were discharged (or closed) but both are over according to your post.

I wish you the best.

[DebtEnder]

Yea I meant to add what nomorecards said as well.

Hence why I asked if you could remove your stuff just after filing. It would be one thing if they refused access and then charged you "storage" fees while holding it ransom. It's another if you let it sit there for 3+ months with no attempt to gain access to remove it.