The service was a large safe deposit box that was paid for one year prior to the Chapter 7 (not 11) bankruptcy. (This was a no asset bankruptcy. Does this change things?)
One year after the BK closed (1/2015) I am getting letters about fees due. I sent a sort of letter with a copy of the bankruptcy notice. Should I resend the original and new notices with a more formal cover letter? Also, I don't have the keys plus there is only dust in the box.
I don't know, but does a contract for service like this survive a BK?
Thanks to those that replied before and I am sorry to have misinformed you.
Your contract for the safe deposit box rental should have been listed on your bankruptcy petition with a statement from you that you were rejecting it. That would have terminated t. If it wasn't listed, go the route that you suggested in your agreement. That should put an end to the matter.
Post petition box rent is not covered by your BK. If you had access to the box, even though there is nothing in it, you are responsible for the rent. If you don't pay it, you could be sued for it depending on how much is owed and whether or not the bank is "aggressive". Don't forget, the bank could have rented out that box to someone else and your control of the box prevented them from earning money from someone else.
You are not my client and I am not your attorney. This advice is given in the spirit of the AVVO platform and is based on general legal principles. You become a client when you enter into a formal retainer agreement with me.
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