Health Club Membership

[ksgirl38]

My lawyer is preparing my paperwork and the question of my gym membership has come up. I checked it out and they've had me on a month to month plan since my initial contract ran out in 2009. They do an autopay every month so I'm current. Why would I list them? I'd prefer not to, but my lawyer keeps trying to get me to.

[Freddy03]

How are you paying them every month? Is it by credit card?

[ksgirl38]

It's an autopay every month out of my checking account which is another reason why I don't want to list them. I don't want the autopay to be cancelled. They told me that was their only payment option.

[Freddy03]

Mine was never questioned by my attorney or trustee. It's under $30 a month. I did list "gym" under misc. as an expense but not as a creditor.

[ksgirl38]

I'm not concerned about it being an expense, I just don't understand why it would need to be listed as a creditor. I thought I had a choice of not listing them.

[frogger]

IMO, there is a difference between a "creditor", and an ongoing expense. IE, if you're paying your power bill, water bill, cable bill, etc. every month, they are normal operations. Your "creditors" that need to be listed are the ones that are not ongoing operation expenses.

Technically, everyone and everything, up to and including the kitchen sink should be listed, however.... provided you are not attempting to get out of a contract, this is not something that I would list.

JMO, your mileage and others opinions will vary.

[ksgirl38]

IMO, there is a difference between a "creditor", and an ongoing expense. IE, if you're paying your power bill, water bill, cable bill, etc. every month, they are normal operations. Your "creditors" that need to be listed are the ones that are not ongoing operation expenses.

Technically, everyone and everything, up to and including the kitchen sink should be listed, however.... provided you are not attempting to get out of a contract, this is not something that I would list.

JMO, your mileage and others opinions will vary.

Well this is what I thought, but I just don't understand why my lawyer would be pushing me to list them as a creditor. She said we would list everything, but to me this is just another bill. I'm not planning on listing the 2 credit cards with 0 balances either!

[df04527]

Is there a contract that was signed for the membership?

[ksgirl38]

Is there a contract that was signed for the membership?

No, I explained that in the first post. They only held me to a contract the first year and have had me on a month to month ever since.

[df04527]

oh gotcha... sorry i sometimes skim over a little much when reading... :/

[Freddy03]

Well this is what I thought, but I just don't understand why my lawyer would be pushing me to list them as a creditor. She said we would list everything, but to me this is just another bill. I'm not planning on listing the 2 credit cards with 0 balances either!

You have to list all creditors even if they have a zero balance. They will find out regardless so don't plan on having credit with them after. Your posts seriously crack me up!

[tobee43]

You have to list all creditors even if they have a zero balance. They will find out regardless so don't plan on having credit with them after. Your posts seriously crack me up!

i made my lawyer remove ALL accounts with 0 balances, it was a matter of logic or so i thought....and you are very right, it didn't matter because they closed all my accounts anyway. i really wanted walmart open because as you know here where we are freddy, you can even buy tires, groceries, even gas... everything, like sears use to be except the groceries. but they closed me down right away even though i was never late, and they were paid in full. i did think that was the card to keep just in case of emergencies.

.....although, i have heard a few stories of some surviving!! who knows.

[frogger]

You have to list all creditors even if they have a zero balance.

If an account has a zero balance, they are not a creditor. They are only a company that you have an available line of credit with. You don't owe them any money, so you are not required to list them.

However, I am of the philosophy to list everyone and everything.

[Freddy03]

If an account has a zero balance, they are not a creditor. They are only a company that you have an available line of credit with. You don't owe them any money, so you are not required to list them.

However, I am of the philosophy to list everyone and everything.

Oh ok - my attorney told me to list them.

[mlsj2009]

Seems to be a little misunderstanding on this thread as to what a creditor really is. A creditor is any company or vendor you establish any line of credit with.

If ksgirl is paying up front for the gym, ie they take the months amount in advance, she is simply buying from a vendor. It is like taking cash and buying groceries. The moment you purchase the groceries with cash, they are yours. You are not purchasing from a creditor in relation to your purchase in this case.

On the other hand, if the gym is taking the money at the end of the month for your usage the previous month, that is a creditor extending 30 days service with a pay at the end. Creditors, by definition, have to have money at risk for their service or product, or they are not creditors, just simply vendors.

Sorry, but I hate to see us all argue over semantics and lack of understanding of the English language.

If the gym is truly a creditor, I think I would listen to my lawyer and list them. The gym is likely to cancel the credit if that is the case. On the other hand, if they are taking your money out in advance, why would they cancel a cash cow?

If an account has a zero balance, they are not a creditor. They are only a company that you have an available line of credit with. You don't owe them any money, so you are not required to list them.

However, I am of the philosophy to list everyone and everything.