Hey Ladies and Gents!!! I've been lurking the bk forums for almost a week now and finally built up the nerve to ask questions. I had my first meeting with my attorney today and it went fairly well. My lawyer told me to put every bill down, whether it be past due or not. I was just wondering if I can reaffirm my utility bills. They are all pretty current and my lawyer mentioned something about the utility companies starting me out with a new account once the bankruptcy goes thru. Instead of me paying for the security deposits for the new accounts for my gas, water, electric, could I just re-affirm and keep the same accounts? I know, I know, I should've asked my lawyer that but I just thought of it when I got home and I do plan on asking him, just wanted other point of views on this matter. Sorry if this seems to be a redundant question. Thanks in advance!!!
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Listen to your lawyer.
The reason for the new account is so that they don't try to collect on the old account (which would be discharged). Why pay the old account if its discharged? The deposits aren't usually beyond what you can afford, and its credited on your new account.
Let me give you a tip though - call in an actual meter reading to your utility company the day that you file. If your company does estimated readings, they could miscalculate such that the new account would be skewed and include some amount through the proration that should actually be considered prepetition and dischargeable. This actually happened to a client. Their new bill on their new account used estimated readings which were way out of kilter with the actual reading scattered in between. I called the utility company, had them recalculate, and saved the client $400.00. Just a tip - get the actual reading from the meters the day you file. -
We had gotten so far behind in our electric payments that the utility made us pay a deposit just to be able to keep the lights on. This was our same one and only account, not a new one. We had to list all of this on our schedules, and now as part of our non-exempt stuff that we are buying back is this deposit--albiet at a reduced rate. The original was $790.00 and was pretty hard to scrape up. The discounted rate is a little over $500.00. Why are we buying this back? It seems to me that this $790.00 was a penalty, as we had to pay that in addition to regular payment just to keep the lights on. This was before we filed BTW.
I asked this once before but no one had any real answers as to why."To go bravely forward is to invite a miracle."
"Worry is the darkroom where negatives are formed."Comment
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Go with what your attorney says.Originally posted by debtfree32 View Post
But in our case we were current with utilities - phone, gas, electricity, cable - and we didn't have to reaffirm or do anything.
Generally you do not include anyone in your bankruptcy that you do not owe money to.<<I am NOT an attorney, my comments are anecdotal only. Contact an attorney for advice>>
FINALLY DISCHARGED 92 DAYS AFTER THE 341!
A NEW START!!!Comment
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Wow, thanks for the quick responses!!! So, since my lawyer says we will file as soon as i get all my paperwork in, do I stop making payments on the old account? Since I have to include them as well?Comment
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Im just wondering because they are due around the 20th of August.......Comment
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I am still puzzled as to why you had to close the account in the first place. Yes I know the lawyer advised that, but I don't see how that helps at all. Maybe it is our utility service, but we got socked with what I consider a huge penalty. Please see my above post.
Good luck."To go bravely forward is to invite a miracle."
"Worry is the darkroom where negatives are formed."Comment
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