Greetings,
I got a 5x5 storage unit in DEC 2009. Within a couple of weeks of getting it, I found that I didn't need it due to a change in my living arrangements. I don't remember putting anything in it; I may have put 1 or 2 small boxes in it that day or a couple of days after I got it. If I did, they contained misc items of low value... I really don't remember doing that anyway. I only worried that I may have after getting what looked like a form letter later for nonpayment telling they would auction my stuff if I didn't come in and pay.
Other than visiting the unit for the first time in DEC 2009 and returning once or twice within a few days of signing the agreement, I never returned to the unit. When I knew I didn't need it, I didn't feel like I needed to race over there and close it because of my past experience. I expected that I would be billed $68 for the first month and then when I didn't pay on time, my account would soon close on its own within a month or two. Since I didn't have anything in it, It was easy to forget about. I forgot about the unit for month or two until I got a bill for $200.
When I found the bill was $200, I called to ask why they kept billing me. They said that owner allows non-payers to stay in the units as a personal courtesy. I told her that I never asked for a courtesy such as that. I then went to the property office expecting to sign something that moves me out of the unit on their paperwork so my billing would stop. I was even prepared to be billed a lock cut fee if I couldn't find the key to my lock. When I informed the office employee (not the owner) that I wanted to vacate the unit immediately, she said that the storage company would not let me close the unit account unless I paid what I owed. I told her that I couldn't pay $200 right then. I asked if it seemed fair to them that they keep billing me and have the bill get even larger since I was informing them in person that I didn’t want the unit. She said to call the owner.
I did and heard the same thing. After a month of trying to figure out what to do, In FEB 2010, I wrote and mailed a letter to the storage company owner and asked that I be vacated from the unit. In the letter, I reminded them that I had not accessed the property in months and never intend to again (incidentally, I was already told weeks earlier that they disabled my gate access code, so even if I wanted to use it I can't). I also asked them to cut the lock. I don't remember getting bills from them after I sent the letter and I thought I had stopped the billing at $200. Then months went by.
Recently, I have become unemployed and am considering chapter 7 bankruptcy (pro se). While preparing, I pulled my credit reports and found the storage company has listed me as owing $1200. I called the office and asked if they were still billing me and why they ignored the letter I sent months ago. The employee said I need to speak to the owner so I can find out what she wants to do with "this". I feel completely swindled. I had gym membership like this once, where they wouldn't let me cancel my month-to-month membership after I moved unless I physically returned and paid the balance due. I couldn't right then and they kept my membership active even though I moved to another city. According to the gym, I owed as much as $350 and it kept growing. I left them alone for awhile and then I owed $75. When I asked about the difference, they said that they just went ahead and canceled it for me. That sounds crazy; it sounds so fly-by-night to be in a business where you would say you owe $350,, Oh wait, I changed my mind, you owe $75. Sorry about this extra story. It just seems relevant since I am basing part of my understanding here on that experience.
From what I read, executory contracts are where parties have unfulfilled obligations or billing and payments are scheduled for future dates. The storage agreement I signed was month to month. As far as I know, the only obligation (if I am referring to it in correct context) that is not completed is to have the storage company cut my lock and show me vacated of the unit and stop billing me additional rent. I requested that they do that in person and in writing long ago, but I guess they simply refuse. I'm sure that if I get into it with the owner via email or by phone she will repeat the story as it was to her and tell me that she won't let me out of it unless I now pay $1200. What if I moved away for ten years, would the bill be $120,000 for a 5x5 storage after I asked to be moved out ten years earlier? I imagine that the owner understood the fine print on her contract much better than me to be giving the appearance of being so determined. She may even be practiced at positioning herself to call it whatever kind of agreement (executory, secured, whatever) that will help her case be as strong as possible so she can try to collect as much as possible. I also saw wording that says I will use arbitration to handle disputes which is probably another "line your ducks" effort on her part.
So anyway here are my questions,
Can I put the storage debt of $1200 in my list of creditors to be discharged?
Is this a debt that would be called an executory contract or not? I need to know how to list it on my schedules. How can I tell in this case?
What happens if I do put it on my list of debts to discharge and she complains at the 341 meeting or something worse like ask a relief from a stay or try to sue me?
If I do get it discharged in chapter 7, will that be the end of it, or will the bill grow again after discharge starting from $0 again ?
If I can and do put it on my creditor list, what are the chances that the trustee has a problem understanding my situation with this.. is he actually legally bound to not discharge it based on her strong opinion that what she is doing is somehow legal? Basically, could I still owe this after BK?
Almost ready, filing this week..
Thank you
I got a 5x5 storage unit in DEC 2009. Within a couple of weeks of getting it, I found that I didn't need it due to a change in my living arrangements. I don't remember putting anything in it; I may have put 1 or 2 small boxes in it that day or a couple of days after I got it. If I did, they contained misc items of low value... I really don't remember doing that anyway. I only worried that I may have after getting what looked like a form letter later for nonpayment telling they would auction my stuff if I didn't come in and pay.
Other than visiting the unit for the first time in DEC 2009 and returning once or twice within a few days of signing the agreement, I never returned to the unit. When I knew I didn't need it, I didn't feel like I needed to race over there and close it because of my past experience. I expected that I would be billed $68 for the first month and then when I didn't pay on time, my account would soon close on its own within a month or two. Since I didn't have anything in it, It was easy to forget about. I forgot about the unit for month or two until I got a bill for $200.
When I found the bill was $200, I called to ask why they kept billing me. They said that owner allows non-payers to stay in the units as a personal courtesy. I told her that I never asked for a courtesy such as that. I then went to the property office expecting to sign something that moves me out of the unit on their paperwork so my billing would stop. I was even prepared to be billed a lock cut fee if I couldn't find the key to my lock. When I informed the office employee (not the owner) that I wanted to vacate the unit immediately, she said that the storage company would not let me close the unit account unless I paid what I owed. I told her that I couldn't pay $200 right then. I asked if it seemed fair to them that they keep billing me and have the bill get even larger since I was informing them in person that I didn’t want the unit. She said to call the owner.
I did and heard the same thing. After a month of trying to figure out what to do, In FEB 2010, I wrote and mailed a letter to the storage company owner and asked that I be vacated from the unit. In the letter, I reminded them that I had not accessed the property in months and never intend to again (incidentally, I was already told weeks earlier that they disabled my gate access code, so even if I wanted to use it I can't). I also asked them to cut the lock. I don't remember getting bills from them after I sent the letter and I thought I had stopped the billing at $200. Then months went by.
Recently, I have become unemployed and am considering chapter 7 bankruptcy (pro se). While preparing, I pulled my credit reports and found the storage company has listed me as owing $1200. I called the office and asked if they were still billing me and why they ignored the letter I sent months ago. The employee said I need to speak to the owner so I can find out what she wants to do with "this". I feel completely swindled. I had gym membership like this once, where they wouldn't let me cancel my month-to-month membership after I moved unless I physically returned and paid the balance due. I couldn't right then and they kept my membership active even though I moved to another city. According to the gym, I owed as much as $350 and it kept growing. I left them alone for awhile and then I owed $75. When I asked about the difference, they said that they just went ahead and canceled it for me. That sounds crazy; it sounds so fly-by-night to be in a business where you would say you owe $350,, Oh wait, I changed my mind, you owe $75. Sorry about this extra story. It just seems relevant since I am basing part of my understanding here on that experience.
From what I read, executory contracts are where parties have unfulfilled obligations or billing and payments are scheduled for future dates. The storage agreement I signed was month to month. As far as I know, the only obligation (if I am referring to it in correct context) that is not completed is to have the storage company cut my lock and show me vacated of the unit and stop billing me additional rent. I requested that they do that in person and in writing long ago, but I guess they simply refuse. I'm sure that if I get into it with the owner via email or by phone she will repeat the story as it was to her and tell me that she won't let me out of it unless I now pay $1200. What if I moved away for ten years, would the bill be $120,000 for a 5x5 storage after I asked to be moved out ten years earlier? I imagine that the owner understood the fine print on her contract much better than me to be giving the appearance of being so determined. She may even be practiced at positioning herself to call it whatever kind of agreement (executory, secured, whatever) that will help her case be as strong as possible so she can try to collect as much as possible. I also saw wording that says I will use arbitration to handle disputes which is probably another "line your ducks" effort on her part.
So anyway here are my questions,
Can I put the storage debt of $1200 in my list of creditors to be discharged?
Is this a debt that would be called an executory contract or not? I need to know how to list it on my schedules. How can I tell in this case?
What happens if I do put it on my list of debts to discharge and she complains at the 341 meeting or something worse like ask a relief from a stay or try to sue me?
If I do get it discharged in chapter 7, will that be the end of it, or will the bill grow again after discharge starting from $0 again ?
If I can and do put it on my creditor list, what are the chances that the trustee has a problem understanding my situation with this.. is he actually legally bound to not discharge it based on her strong opinion that what she is doing is somehow legal? Basically, could I still owe this after BK?
Almost ready, filing this week..
Thank you
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