HELP don't have NOLO book with me at work, utilities threatened to be shut off

[ecsclb1724]

I posted yesterday about wanting to know when a new utility account would possibly be created and didn't get off work until late so I didn't have a chance to call the company.

My husband went home for lunch today and there is a notice to disconnect tomorrow on our door if we don't become current.

I filed December 15th so I know they cannot do this. I'm going to call them now and I'll probably end up faxing over a copy of our filing but wanted to know what section of the bankruptcy code talks about the stay of shutting off utilities in case they give me a hard time.

[jlmaca]

I posted yesterday about wanting to know when a new utility account would possibly be created and didn't get off work until late so I didn't have a chance to call the company.

My husband went home for lunch today and there is a notice to disconnect tomorrow on our door if we don't become current.

I filed December 15th so I know they cannot do this. I'm going to call them now and I'll probably end up faxing over a copy of our filing but wanted to know what section of the bankruptcy code talks about the stay of shutting off utilities in case they give me a hard time.

Utility disconnections. If you're behind on a utility bill and the company is threatening to disconnect your water, electric, gas, or telephone service, the automatic stay will prevent the disconnection for at least 20 days. I'd fax a copy of the filing to the legal department of the utility.

[ben1381]

Section 366 of the bk code governs utilities. What is interesting is that the code doesn't define what a "reasonable deposit" is and I didn't find any straight answers in the United States Code annotated either.

[walkthaplank]

Section 366 of the bk code governs utilities. What is interesting is that the code doesn't define what a "reasonable deposit" is and I didn't find any straight answers in the United States Code annotated either.

Deposits are established by the utility's regulating body. Every state is different. In California it is generally twice the average monthly billing at that house or apartment.

As to the utility threatening to shut off your service, is this for pre or post petition bills? If it is post petition you had better find a way to bring it current. If it is pre-petition debt, then they are violating the courts automatic stay. Generally what utilities do when you file BK is they close your account and open a new account as of the date you filed. If your case is dismissed or you withdraw the case they can always move the old balance to the new account. The utility CAN close the new account if you fail to pay the new deposit as well as any post petition arrears.