Will adding a debt owed to a moving company to my Chapter 13 bankruptcy filed in WA state release my property?

BANKRUPTCY 13: I had movers move all of my belongings up from tEXAS to Washington and quoted me $2700 from an inventory list that I gave them for the items to pick up. Well they picked up 93 items instead of the 73 that I gave the on the inventory list. Subsequently, they informed me while in transporting, they informed me they were charging me $4600 and since I did not have that at the time of delivery, they placed my belongings in storage. I did file a new BK-13 here in Washington and they are not listed as a creditor and they are threatening to auction off my belongings for non payment after 2 weeks. Can they be included in my bankrupcty as a secured debtor and part of the 5 year payment plan? or can i just pay them and have them release my belongings without and problems with the Trustee? How can i force them to release my belongings? - Is this your question? Add additional information
Answer this question Add to list

Answers (2)

Lesley Abigail Hoenig

Lesley Abigail Hoenig

Contributor Level 7
I am sure your attorney told you this, but you have to list ALL creditors in your bankruptcy, I don't understand why you didn't in the first place. You SHOULD amend your schedules and include the creditor in your plan. It isn't impossible to pay them directly, but you need to speak to your attorney about this in any event to make sure your schedules and plan accurately reflect ALL of your debts.
0 1
Leon D Bayer

Leon D Bayer Avvo Pro

Contributor Level 4
The mover has a possessory lien, which makes them a secured creditor. You can pay them through your Plan, but because they continue to have possession of your goods, new fees may continue to accrue. You should immediately list them and serve them notice of the stay. Perhaps your lawyer can bring a motion against them for turn over, and to establish the rightful amount of the claim. Moving contracts that I have seen usually limit the amount of any increase to something like just 10% above the amount quoted on the written estimate. I assume you wanted them to move only the 73 items listed on the inventory? You should also look into the possibility of filing a complaint against them with the regulatory agencies that oversee movers.
1 0
Back to Search Results

Ask a Question

Get free answers from real lawyers.

Insurance Fraud Resources