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We filed BK last year, in pro per; Discharged 10/27/08. Sacramento

Customer Question
We filed BK last year...
We filed BK last year, in pro per; Discharged 10/27/08. Sacramento home was turned over to BK court. I'm getting billed for insurance and utilities by County. Is there something I need to/can do to stop this?
Submitted: 8 years ago.Category: Bankruptcy Law
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2/5/2009
Bankruptcy Lawyer: Brent Blanchard, Bankruptcy Attorney replied 8 years ago
Brent Blanchard
Brent Blanchard, Bankruptcy Attorney
Category: Bankruptcy Law
Satisfied Customers: 1,975
Experience: Twelve years experience in all aspects of debtor & creditor BK.
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We need a bit more information on thisCustomer

In general, the discharge applies to pre-petition debts. There is a possibility that some insurance and utilities from between the date of filing and the date of turnover to the Trustee could have accrued. From a legal perspective, you received a benefit from those post-petition expenditures. However, I believe if this is the source, then they should be pro-rated daily to the date you vacated the premises.

Research those facts.

With these being primarily consumer debts, you also have the right to ask for "verification" of the debt. The best way to do this is to ask the County to specifically state the date(s) for which they are trying to charge you for insurance and utilities.

If those billings turn out to be pre-petition, then you need to verify that they were included on your schedules. If pre-petition but not listed, then you would need to re-open your BK case to list them so they can be discharged.

Thank you.

BAB.

Please do not forget to click the green "Accept" button so I can receive credit for my work.
Brent Blanchard
Brent Blanchard, Bankruptcy Attorney
Category: Bankruptcy Law
Satisfied Customers: 1,975
Experience: Twelve years experience in all aspects of debtor & creditor BK.
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Customer reply replied 8 years ago

Thank you, Brent.

 

The utilities - we continued to pay through bankruptcy and up to the date we vacated the home and requested they be shut off. The County says they will keep charging us for the utilities (sewer, garbage and recycling) until the home has transferred to someone else's name.

 

The home owner's insurance - we just received "Notice of Placement" from mortgage holder (Homecomings) placing insurance on the property and charging me $2,1400.

 

Not sure how to deal with this; I assumed property was part of bankruptcy estate.

 

Thanks for your consideration. Mary

Customer reply replied 8 years ago

You mentioned needing more information, which I provided. Just wondering if I would receive further response or if I have to pay more.

 

Thank you.

Bankruptcy Lawyer: Brent Blanchard, Bankruptcy Attorney replied 8 years ago
If Homecomings has taken possession of the house pursuant to your surrender of the property, it should be THEIR bill to insure the place against damage and destruction. <br /> <br />The County sounds like you are dealing with someone who knows little about bankruptcy estate property. To ignore a request to shut off utilities is arrogant. <br /> <br />In both instances, because the house is property of the BK estate and you have vacated the premises, all charges after you left are against the BK estate and not you personally. <br /> <br />I suggest you climb up the food chain a bit with the lender and the County until you find someone who understands that dealing with a BK estate is a serious matter. Follow up every call with a confirming letter, with a cc: to the BK Trustee.<br /> <br />If you find value in this follow-up answer, you can accept it for a price you set.   <br /> <br />Thank you.
Brent Blanchard
Brent Blanchard, Bankruptcy Attorney
Category: Bankruptcy Law
Satisfied Customers: 1,975
Experience: Twelve years experience in all aspects of debtor & creditor BK.
Verified
Brent Blanchard and 87 other Bankruptcy Law Specialists are ready to help you
Ask your own question now
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Brent Blanchard
Brent Blanchard
Brent Blanchard, Bankruptcy Attorney
Category: Bankruptcy Law
Satisfied Customers: 1,975
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Experience: Twelve years experience in all aspects of debtor & creditor BK.

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