Q: Items stored at an ex wife's house no documentation to speak of cannot find items now still due recompense?
Was during the aftermath of a foreclosure and bankruptcy. No documentation or record of what items went where was ever recorded. No terms of storage were recorded or agreed upon. The items were boxed up and thrown in with other stored items. The garage in question has been since searched semi thoroughly. Some few items have been turned up and they were returned. Can a court order be obtained to force her to empty out the garage? None of these items are high value or accompanied by ownership documentation.
A:
The facts you recite are vague. If it was you who filed bankruptcy, if you did not list in your schedules the items stored (in what appears to have been a gratuitious bailment, which imposes a low standard of care on the bailee) then you may be up against a judicial estoppel by having stated under oath, in effect, that the property is not yours.
Can you obtain a court order to require your ex-wife to empty our her garage? Maybe, but you have the burden of proving what is yours that is stored there. You might try resolving this out of court. Is she a reasonable and civil person?
A: Unclear what this has to do with bankruptcy. Who filed (if anyone)? When? Where in the process? If still open, amend as appropriate and list value as unknown.
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