Didn't file... Reason: Elec Dept

[PATA]

My elect was going to be shut off yesterday... I called them to see what could be done. Asked them... "what are my options?... bankruptcy?" They told me that since they were a local municipal elect department that self powers IF I declare bankruptcy and fail to make future elect payments the old debt would come back... and that if I moved to another house in my town I would also have to pay the old debt before I cold get elect.... doesn't seem right... any comments?

I am in Massachusetts... if that makes a difference.

Thanks!

[Minnymouth]

Regarding the Electric Co. - they also have to abide by the rule of the bankruptcy court.
If you moved to another house, they could charge you a higher deposit for their service.
If you do claim bk on the present residence, and you do not make timely payment on your current bills after filing bk, they can shut you off.
They cannot demand repayment of a past debt that is included in bankruptcy....... but they can shut you off if you continue to be late on current charges.
Water companies have the same right..

Minny

[pink_amulet]

[PATA]

I was told that the old balance would come back... I was not told that it would be the deposit. I will have to call and ask.

I understand that they can be hard a**es and make my shutoff policy quicker than they normally would if I filed... they have the right to make their own policies. But I cant see according to bankruptcy law that they can bring back an old debt that was dismissed by bankruptcy.

[pink_amulet]

I was told that the old balance would come back... I was not told that it would be the deposit. I will have to call and ask.

I understand that they can be hard a**es and make my shutoff policy quicker than they normally would if I filed... they have the right to make their own policies. But I cant see according to bankruptcy law that they can bring back an old debt that was dismissed by bankruptcy.

They can not shut off your utility just because you are filing, just like a company can't fire you. Once they give you a shut off date, they can't shut you off BEFORE that date. You can fight that!
As far as I have heard and read they CAN NOT bring back a debt once it has been discharged!! They can and very likey will charge you a large deposit, since they are being a$$es. Once you file your automatic stay protects you.

pink_amulet

[Minnymouth]

The electric company can make you put up a deposit if they shut you off for delinquency payments. But they cannot demand you pay a bill that is included in bk - that is against the law. Also they can shut off your electricity if you have a current deliquent account with them.

Minny

[Genenco]

My elect was going to be shut off yesterday... I called them to see what could be done. Asked them... "what are my options?... bankruptcy?" They told me that since they were a local municipal elect department that self powers IF I declare bankruptcy and fail to make future elect payments the old debt would come back... and that if I moved to another house in my town I would also have to pay the old debt before I cold get elect.... doesn't seem right... any comments?

I am in Massachusetts... if that makes a difference.

Thanks!

Bummer, if you were in WA or OR, I have a fair sized generator for temp usage