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A.J.
A.J., Attorney
Category: Bankruptcy Law
Satisfied Customers: 4255
Experience:  Experienced consumer bankruptcy attorney.
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Hello. I have a question. My wife and i live in Connecticut.

Customer Question

Hello. I have a question. My wife and i live in Connecticut. We were just recently served with some papers regarding a law suit or judgement because of past due sewer charges. The company wants to foreclose on our home because of the past due charges, can they do that?? can they actually take our house away from us? we recently filed chapter 7 and notified the company about our
 bankruptcy. What can we do to avoid foreclosure??


We filed chapter 7 back in march 2012. We obviously dont wanna lose our home. Can we offer a payment plan to them at the mediation meeting? or we obligated to pay the full amount??
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  A.J. replied 2 years ago.

SavyLawyer :

Hello, and thank you for contacting Just Answer.

Customer:

Hello

SavyLawyer :

Generally, where a debt is listed in a chapter 7 and the bankruptcy receives a discharge, all debts are discharged and the creditor cannot pursue the debtor afterwards.

SavyLawyer :

Now, where the debt is a government debt things can get a little bit trickier. Is this a debt for a government run sewage program? Was it for an unpaid debt, or was it a penalty or fine (it makes a difference)?

Customer:

The debt was unpaid and the we filed chapter 7. It belongs to The Greater New Haven water pollution and control authority. It seems like its a debt that is being treated like taxes, but they are not taxes.

SavyLawyer :

That can be tricky. Generally, utility bills are discharged just like any other debt, again unless it is a tax or penalty, in which case the government can make an argument that it is still owed post bankruptcy.

Customer:

its a 1600 dollar debt, but we are being served with foreclosure papers !!! looks like they wanna treat it like a post bankruptcy debt, althought we have already filed chapter 7 and received a discharge letter.

SavyLawyer :

The list of exceptions to a chapter 7 discharge are found in section 523 of the Bankruptcy Code:

SavyLawyer :

http://codes.lp.findlaw.com/uscode/11/5/II/523/

Customer:

Ah ok very good!! thanks. We just dont wanna loose our home for such a small debt

SavyLawyer :

Based on the information provided, it sounds as if the debt should have been discharged, as most utility bills are, particularly when you are talking about bill for use as opposed to a fine or a tax.

Customer:

Exactly !! its not a fine nor taxes! just sewer charges, but can they pursue us anyway?

SavyLawyer :

I can certainly understand. Presuming that you have an upcoming court date, it would very much be worth reviewing this issue with an attorney in person (and if you used a bankruptcy attorney, check with them), to formulate a plan for presenting the bankruptcy discharge to the court that you have been sued in.

SavyLawyer :

Anyone can pursue you, the question is whether or not they have a valid claim. One defense to a debt is the discharge of that debt in bankruptcy.

Customer:

Thank you so much!!! This i will do. I appreciate the answer to my questions!!

SavyLawyer :

That is why I would encourage you to review the issue with an attorney in person, so that they can review both your bankruptcy petition and the current debt allegations.

SavyLawyer :

You are welcome, and let me know if you require any further information. Otherwise, please remember to RATE My answer so that I can receive credit for my work.

Customer:

I absolutely will rate your answer !!! How do i contact you again if i need too?

SavyLawyer :

You can come back to me here at JustAnswer. If you have another question, you can request me, or post my username in the body of the question (savylawyer). I wish you the best of luck, and please do remember to RATE my answer so that I can receive credit for my work.

A.J., Attorney
Category: Bankruptcy Law
Satisfied Customers: 4255
Experience: Experienced consumer bankruptcy attorney.
A.J. and other Bankruptcy Law Specialists are ready to help you

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