This will never end... ever.

[Tom_Mi]

Hi All,
I have to vent.

We filed ch7 in December. After a year of the bank refusing short sale offers, I had to file Ch7.

Around then, the managemant company began moving Tenants out of the apartments.
I didn't pay much attention because the bank was in the process of taking over the buildings anyhow.

Looks like as tenants moved out, the power was turned off.
Then pipes froze...apparently. Nobody told me.

The bank called my insurance company. The adjuster just told me all this crap today.

If the power was off when the pipes froze, the insurance company won't cover and I'm liable for the damage. 7000+ for EACH of 2 buildings.

It happened after filing, so I assume I'm screwed again.
What now????? Learn french and take my kids to a country that gives a damn about it's citizens?

[CH33 Paralegal]

who turned the power off?

[UhhhOhhh]

Hi All,
I have to vent.

We filed ch7 in December. After a year of the bank refusing short sale offers, I had to file Ch7.

Around then, the managemant company began moving Tenants out of the apartments.
I didn't pay much attention because the bank was in the process of taking over the buildings anyhow.

Looks like as tenants moved out, the power was turned off.
Then pipes froze...apparently. Nobody told me.

The bank called my insurance company. The adjuster just told me all this crap today.

If the power was off when the pipes froze, the insurance company won't cover and I'm liable for the damage. 7000+ for EACH of 2 buildings.

It happened after filing, so I assume I'm screwed again.
What now????? Learn french and take my kids to a country that gives a damn about it's citizens?

Was that protocol? That when tenants moved out the power was supposed to be turned off? Why would the management company do that? Did you talk to them? Were they instructed to do that by the bank?

It seems strange to me, as I know when my ex and I owned a house, our management company kept the power on when a tenant moved because they needed it for cleaning, and because it was cheaper than stopping and restarting utility service.

Perhaps your management company thought since it was in chap 7 that there would be no new tenants so made that decision to turn power off - but if they were not instructed to do so, and made that decision on their own or if that was not protocol, maybe they should be held responsible? I dont know. But I would find out

[frogger]

A management company is suppose to manage the property. That includes rentals and maintenance. Provided you had a valid contract with the management company, they had an obligation to manage. That obligation should extend to the frozen pipes...

[Tom_Mi]

I'm partially at fault here, but NEVER saw it coming.

On March 9, I had the gas company stop power, because spring was on the way, and I couldn't stand paying gas bills for buildings the bank owned (or was about to own). It was warming up and the thought of pipes freezing never occurred to me.

I talked to my attorney about cancelling the gas because the bills couldn't be IIB, but he never warned me about the possibility of this liability, and it didn't occur to me. Perhaps I'm stupid, but it didn't occur to me.

The bank claims that on March13 this all happened....just 4 days after I called the power company...and the temps averaged the '40s all but one day prior to the bank's alleged freeze-up.

I'm sure I'm screwed...but I'll call my attorney to find out how screwed I am.

So, since discharge, I've accumulated a 3,000 medical bill from my wife's breakdown and hozpitalization, and now thousands in maintenance for buildings I don't own. This bankruptcy protection hasn't protected me from anything, it's just converted mortgage/cc debt into medical and legal debt. What a country.

[dingdong]

On what date did the bank foreclose?

If they owned the property on the date of the alleged damage, perhaps you can claim that the bank is liable?

[frogger]

Another thought.... If I do not pay my insurance or if it gets canceled, the bank gets a notice from the insurance company and would do a "force place" insurance on the property.
The bank may have had insurance...