Q: If I was discharged from Ch. 7 in 2010 can I be billed 5 yrs later for a utility??
I filed Ch 7 in 2009 and was discharged in 2010. I recently got a statement from a utility company that said that I owed an outstanding balance from a date prior to my even filing bankruptcy. I was given the option to pay the balance or have my service disconnected so I unfortunately had to pay it. I was just wanting to know how they can still charge me for this balance after my bankruptcy...not to mention 5 years later????
A:
If the debt was discharged in bankruptcy, later collection action on that debt violates the bankruptcy discharge order. Creditors who violate the discharge order may be sanctioned by the bankruptcy court. Talk to a consumer lawyer in your areas who handles bankruptcy discharge violations to determine whether you have a claim against the utility.
*David Levin is the Partner in charge of UpRight Law's consumer rights litigation department. UpRight Law is a national law firm with licensed attorneys providing bankruptcy and consumer legal services in all 50 states. He is licensed in Illinois, Ohio and West Virginia, as well as several United States District Courts. He has 22 years of litigation experience, the last 18 of which have been focused on consumer rights litigation. This response is for informational purposes only and is not intended to be legal advice. For legal advice, consult an attorney licensed in your state with the appropriate expertise.
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