Q: What are my options to be able to get my belongings from a storage unit while in a Ch 13
I owe the storage unit money and they have filed proof of claim. I don't want to keep the unit and incur more debt but want my personal belongings that will mean nothing to anyone else. Does NC law allow me to access my belongings before the debt is paid in full? What is assuming the storage contract?
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A:
In North Carolina, when you file for Chapter 13 bankruptcy, you can propose a repayment plan to handle your debts, including what you owe to the storage unit. Since the storage facility has filed a proof of claim, they are recognized as a creditor in your bankruptcy case. However, you still have rights to access your personal belongings.
NC law typically allows you to retrieve personal items from a storage unit even if there is an outstanding balance. You may need to inform the storage company of your bankruptcy status and coordinate with your bankruptcy trustee to ensure that accessing your belongings doesn’t interfere with your repayment plan. It’s important to communicate clearly with the storage facility to arrange a time to collect your items without violating the terms of your contract.
Assuming the storage contract means taking over the responsibilities and obligations outlined in your agreement with the storage company. This could involve continuing to pay any agreed-upon fees or adhering to specific terms regarding the use and maintenance of the storage unit. Understanding the contract details will help you make informed decisions about retrieving your belongings and managing any remaining obligations.
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