Tobyhanna, PA asked in Bankruptcy, Consumer Law and Foreclosure for New Jersey

Q: I was evicted from my home and left a 60% full propane tank, and the supplier is trying to bill me for the full tank.

I recently went through a bankruptcy in which I included my home, and subsequently a foreclosure (in NJ). I remained in the home during this whole process and paid the propane supplier monthly, as I needed the fuel to live there. When I left the home the tank contained 60% fuel. I'm willing to pay for the fuel that I used, but don't think it's fair that they should expect me to pay for what was left. The supplier is now insisting that I owe the full amount of what was delivered, regardless of the fact that they can either take back the unused product or bill the current owner for any usage beyond the 40% that I actually used. I spoke to their representatives who basically told me 'tough, we can't help you' and also mailed them a certified letter stating that I'm disputing this bill. They responded to that and called me and said that 'they'll work it out'. But I never heard from them again, and now I'm getting letters from a collection agency, still for the full amount! What can I do?

2 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • Bankruptcy Lawyer
  • New York, NY
  • Licensed in New Jersey

A: If the delivery was after the filing date of your case, it is not a part of the bankruptcy.

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: If the delivery was before the filing date, the debt should be discharged. If it was after the filing date, you owe the money.

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