Q: I filed bankruptcy 10 years ago can I still be liable for the water bill I was discharged from the home
Utility bills/accounts are handled differently from other debts in bankruptcy. A special section of the Bankruptcy Code, Section 366, applies to utilities.
Many debtors just continue to pay the amounts billed following a bankruptcy filing, so there's never an issue.
The procedure under Section 366 is different, and enables a debtor to treat pre-petition accrued charges as dischargeable debt, but then the utility company must open a new account for the debtor for post-petition use and charges, and when the utility does that, it is entitled to charge the debtor a good faith deposit, usually two months' usage, to ensure future payment.
You don't say which option you and your attorney used for the water bill, so I can't say whether the water bill was discharged.
Robert Simonian agrees with this answer
A: Attorney W.J. Wintestein, Jr. provided a perfect answer and I cannot add to it.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.