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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2842
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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I filed and had a chapter seven discharged with a water bill

Resolved Question:

I filed and had a chapter seven discharged with a water bill company that I included and even sent them a copy of the bk discharge letter. They were in violation and tuned my water off prior to the I believe it was a 2 week period after you file a bk before the utility companies can turn you off. As a result now they feel that they can continue to bill me every month even the house vacate. The house is located in a gated community with there own high water bills, sewerage is 75 a month and even if you have a vacant lot the hoa requires a 40 lot bill.. my question is, is the additional amount the account is at now still my responsibility from the amount it is now from when they shut my water off and where the bill was at that point. I know the house has a number of liens on it will this be one of them since the hoa allows the water company to bill for a vacant lot?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 5 years ago.

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

Bankruptcy discharges debt up to and thru the date of filing. Utilities that are used, can be billed from the day of filing forward for usage. This can also include a deposit for future services, up to 2 months the courts have deemed permissible. Water/sewer bills are different though, in that they are "in Rem" meaning they stay with the property, not the individual. So, the owner of the property would still be liable to make the payments, including the past due amounts, otherwise the city can put a lien on the property, and disconnect future service unless a deposit is paid.

Terry L. :

do you have any other questions?

Terry L. :

if you do, feel free to reply

Terry L. :

thanks

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