Storage Post Foreclosure - Proper procedure for Turnover?
Posted: Mon Feb 20, 2012 12:39 pm
I take it you're in Chapter 13 and your plan hasn't been confirmed? Holy
cow: $7,500.00 for a month of storage?
It seems like there's not much you can do here with the Stay in place, and
storage fees continuing to accrue. Can you move the court to permit
removal of the property while preserving the debt for the creditor? This
would seem to be the only "equitable" remedy to keep the costs down for the
estate. Especially if the property is exempted on Schedule C, then all
you're doing is helping the debtor keep costs down in expenses on J.
Perhaps those with more experience than I can say for sure whether my
theory might work.
My only criticism would be that you read the California Storage Act. Who
does that?
On Mon, Feb 20, 2012 at 10:36 AM, Matt Resnik wrote:
> **
>
>
> I have stumbled into a issue and was hoping for some guidance:
>
> Home lost in foreclosure. Debtor misinformed as to when goods inside would
> be bound up and thrown in storage. I have read the California Storage Act
> and I am trying to resolve this issue as quickly as possible (some of the
> stored goods include medicine). Ex Parte Motion for Turnover not granted
> based on Wheeler decision and the need for Adversary (R7001 v R6002).
>
> In trying to piece this all together, I was hoping to get some guidance in
> how to proceed:
>
> 1) For the month the fees are $7500.00
> 2) Storage will not release without full payment.
> 3) We have provided 1/3 of that and a cure through plan. This has not been
> accepted.
>
> Please let me know thoughts suggestions and why not ---even criticisms!
>
> Thanks!
>
> Matt
>
> --
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> Matthew D. Resnik
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