Was my gym membership discharged in bankruptcy?

[KeithDoxen]

About six months ago, all of my unsecured debt was successfully discharged via Chapter 7 bankruptcy.

I had a gym contract that I was paying on at the time. I was current on this contract and wanted to keep the gym membership, so I didn't list the contract with my creditors, and my attorney didn't advise me to do so either. In any case, I recently moved to a new state and the gym is making it very difficult for me to cancel. Given that I've moved four hours away, there is no possibility of me using their gym at this point, yet they are playing hardball with me over the contract. As such, I was wondering what would happen if I would just stop paying. Could they sue me for the balance? Wouldn't it be considered debt that was dischaged in bankruptcy during my successful Chapter 7?

[Missa310]

If you didn't list it on your BK, I'd doubt it was discharged.

[KeithDoxen]

There were medical bills that I didn't list and they were discharged. My attorney told me at the time that ALL debts that I had during the bankruptcy would be discharged, even if I had to go back and amend the petititon going forward (I was a no asset case).

But the gym membership was a contract. I was wondering if that changes the analysis.

[LoadedGuns]

If it was a No Asset Chapter 7. You maybe in the clear. Email your attorney for clarification.

[HHM]

Gym memberships are a bit more complex in BK because of their ongoing nature. If you didn't list it; then the gym is not on notice of the BK. If they play hardball, you may be forced to go back to BK court and reopen your case to add them. Also, you probably can't nail them for violation of the discharge order because you never noticed them.

Keep in mind, YOUR DUTY in BK is to list ALL your debts, regardless of your intent.

Section 523(a)(3) does provide and exception to discharge of debts that where neither listed nor scheduled.

[catleg]

You should have listed it under 'executory contracts' .

Same thing with any cell phone contracts.

Any debt caused by an early termination fee would be post petition.

They can play hardball, so can you, but you'll have to talk to your lawyer, or else make a deal with the gym (not Bally's is it?) based on the leverage of your ch7 filing.

[mrskal]

Just curious, I have not belonged to a gym for many years, but I remember that there was a clause in my contract stating that if you moved a certain amount of miles from where they were located, that you could cancel it. That was two different gyms, so I thought that was kind of common. Have you actually read the contract you signed, or have you just talked to them?

[KeithDoxen]

There is a clause in the contract allowing you to cancel if you move far enough away. The trouble that I was having was that one of the reps I talked to claimed that I hadn't provided sufficient proof that I had moved. But I just talked to another rep today and they said that the information that I gave them had been approved by billing and that I could break the contract by paying a small fee. I paid the fee and got a confirmation number, but I'm going to call again tomorrow and get everything in writing just in case they "forget" about the whole thing.

The gym was American Family Fitness in Virginia. It, along with lots of other gyms, uses National Fitness to handle its finances. National Fitness has a bad rep. Just google it to hear some horror stories. Basically they try to find any reason they can to prevent you from cancelling. All I know is I'm going to get the cancellation in writing.

[catleg]

Just curious, I have not belonged to a gym for many years, but I remember that there was a clause in my contract stating that if you moved a certain amount of miles from where they were located, that you could cancel it. That was two different gyms, so I thought that was kind of common. Have you actually read the contract you signed, or have you just talked to them?

Yeah, Bally Fitness used to be 50 miles, like anyone's going that far to the gym.