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Utilities and 13

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    Utilities and 13

    I have paid my retainer fee (but not the filing fee) for my chapter 13, and the Atty said they start taking over everything, and to stop paying EVERYTHING. What do I do about my utilities? I have past due balances on them, and I do not know what to do. Do I give them the Atty info and not pay them? Do I pay them? Help! I really do not have the money to pay them, but I also have 3 kids in the house, so I have to have my utilities. What should I do?
    Filed- 4/7/2006
    341- 5/24 /06
    Payments $110.00 a month for 36 months

    #2
    In our experience and any other I have read about, you continue to pay your own utilities. You may include past due balances in your bk, but for the rest of the time, you continue to pay the monthly bills for the duration. They can't shut you off for the past due amounts you filed on, but they can request a deposit. In our case incidentally, we filed on 2 different past due amounts and neither one requested a deposit, so that could be the case with you as well. But check with your attorney to be sure nothing is different in your case.

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      #3
      So do I tell them now that I am in a bankruptcy and give them my Atty info? or do I wait untill I pay the court fees? Will they give me a new amount due after I tell them? I am so confused over what to pay.
      Filed- 4/7/2006
      341- 5/24 /06
      Payments $110.00 a month for 36 months

      Comment


        #4
        Originally posted by Hileman
        So do I tell them now that I am in a bankruptcy and give them my Atty info? or do I wait untill I pay the court fees? Will they give me a new amount due after I tell them? I am so confused over what to pay.
        I was not behind on my utilities when I filed my Chapter 13, so I am not an expert on this issue. But I believe 13inOR is correct - do NOT pay the back amounts owed, just pay what you need to keep the utilities turned on.

        As far as telling them you are filing and giving your lawyers name, are you 100% definitely filing? You said you paid the retainer but have not filed yet. Most places will want a copy of the Filing Paperwork.
        Date Filed: 12/19/2004
        341 Meeting: 2/8/2005
        Date Case Confirmed: 7/12/2005
        Closed on Refinance/Chapter 13 Buyout 8/23/06

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          #5
          Yes, we are for sure filing. I just needed time to come up with the money to pay the court.
          Filed- 4/7/2006
          341- 5/24 /06
          Payments $110.00 a month for 36 months

          Comment


            #6
            If your lawyer said to stop paying EVERYTHING, then do so. I assume he meant just the PAST DUE Balances on the utilities. You just can't not pay utilities, wether you are in BK or not.

            I would pay just what you need to keep everything running and don't worry about past due balance. If anyone gives you grief, give them your lawyers name and phone #.
            Date Filed: 12/19/2004
            341 Meeting: 2/8/2005
            Date Case Confirmed: 7/12/2005
            Closed on Refinance/Chapter 13 Buyout 8/23/06

            Comment


              #7
              Thanks for the replies. So do I call them and tell them we are in the process, here is my atty info, and I will be sending the current amt? I get so intimidated when doing this and talking to them. If they said bang, I would prob break out in tears.
              Filed- 4/7/2006
              341- 5/24 /06
              Payments $110.00 a month for 36 months

              Comment


                #8
                They won't care unless you have actually FILED bankruptcy. If you tell them now, you may just be tipping your hand to them. They don't care if you are PLANNING on filing, they only care if you HAVE filed. If you tell them now before you file, they may demand ALL past due amounts be paid or they will shut off your service. They know once you file, they won't see that money for a long time.

                Of course, if they threaten to shut off your power unless you pay all the past due amounts, I would give them your lawyers information. It might slow them down enough to give you time to file.

                I would file as quickly as possible so at least you have card in your pocket to play.
                Date Filed: 12/19/2004
                341 Meeting: 2/8/2005
                Date Case Confirmed: 7/12/2005
                Closed on Refinance/Chapter 13 Buyout 8/23/06

                Comment

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