Movers holding my personal effects

I had movers move all of my belongings up from Texas to Washington and quoted me $2700 from an inventory list that I gave them for the items to pick up. Well they picked up 93 items instead of the 73 that I gave the on the inventory list. Subsequently, they informed me while in transporting, they informed me they were charging me $4600 and since I did not have that at the time of delivery, they placed my belongings in storage. I did file a new BK-13 here in Washington and they are not listed as a creditor and they are threatening to auction off my belongings for non payment after 2 weeks. Can they be included in my bankruptcy as a secured debtor and part of the 5 year payment plan? Or can I just pay them and have them release my belongings without and problems with the Trustee? How can I force them to release my belongings?

I don't believe that their having your belongings makes them a "secured creditor". This is something I would ask my attorney about immediately to avoid running the risk of losing my things.

Is there reason you weren't more precise in the amount of things being moved so you could have avoided this situation in the first place? Another possibility--leave the "extra" things behind so at least, you get the majority of your things returned to you? If you cannot pay for all of it to be moved, only move part of it. Sacrifice some of it in exchange for keeping the majority of it. Was this not an option?

Your court appointed trustee may be better able to answer your original question (i.e. secured vs unsecured) as that would depend on your jurisdiction and legal definitions. The monies you're planning to use to pay the debt off may already be considered assets of your estate and already ear-marked for the Chapter 13. It also depends on the timeframe of your proceedings, in my opinion, and again the trustee may be able to include the debt, regardless of either definition. There's no real way to "force them" to return your belongings without some sort of litigation and your trustee must be involved as well (my opinion.) I'd suggest contacting the trustee first; if that doesn't help, then contact a BK attorney in your jurisdiction .. possibly even the attorney who filed your original paperwork.

Good luck.