Springfield, MA asked in Bankruptcy for Massachusetts

Q: I filed bankruptcy 10 years ago can I still be liable for the water bill I was discharged from the home

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3 Lawyer Answers
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
Answered
  • Bankruptcy Lawyer
  • Boyertown, PA

A: 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

Robert Simonian
PREMIUM
Robert Simonian
Answered
  • Bankruptcy Lawyer
  • Fall River, MA
  • Licensed in Massachusetts

A: Attorney W.J. Wintestein, Jr. provided a perfect answer and I cannot add to it.

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

A: Technically, no. However, the utility company can refuse you service because of the bankruptcy.

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