No Stay for Water Bill of Renter

[gdfox]

The billing is like:
Landlord's name (Owner)
C/O My Name
My Address
My City, State, Zip

[NoMoreCards]

So are you sugesting they can shut-off the water??? Since the landlord is not covered under theystay?

I simply said Cosigners of accounts are NOT protected by the automatic stay, if they did not file for BK. PERIOD

[malf1204]

So are you sugesting they can shut-off the water??? Since the landlord is not covered under theystay?

[gdfox]

No payments have been made since the filing and I understand any charges after are to be paid. We are disputing the past due. Interestingly, I have talked with them 3 time regarding the bankruptcy and they said nothing about this until the came to shut me off. I think they are trying to make a end run around the law. I do have a call into the public utility commission. I am waiting their return call.

[NoMoreCards]

Cosigners, such as the landlord are not covered by automatic stay. Sorry, that just isnt true.

[SMinGA2]

They may have a provision that the landlord must maintain an account IF the renter does not. Some areas do this for utilities, to avoid hazardous situations. (Such as busted pipes in the winter for no heat.)

But the water company should not be able to shut the water off.

Have you paid for service for the time since filing? Keep in mind - that including the water bill in your case means you essentially created another account. Any charges post filing - you'll need to pay. Bankruptcy does not mean you get free services going forward, but any balance owed as of your file date can be discharged. And the utility company can require a new/additional deposit for continued service.

[malf1204]

That is not true. The property is not paying the bill, YOU are. Your landlord is covered under the Automatic stay because you are named on the bill. I would tell them that if they shut off your water that is an attempt to collect the debt which is a violation of the stay. Tell them you will file a motion for sanctions with the Bankruptcy court and they can be fined and ordered to turn the water back on. They can pursue your landlord for the amount due but not you after your case is closed. They can require a deposit(usually 1-3 months average usage) but they cannot trun the water off for past due balance due pre-BK filing. What most utilities due is close the bk account and open a new account requiring a deposit.

[gdfox]

What they are telling me is that the landlord is responsible because he owns the property and they are billing the property and not the person.

[malf1204]

If your name is on the bill they would be violating the stay. They can require a deposit though.

[gdfox]

Hi,

I am currently renting. I recently filed bankruptcy and included my water bill in the filing. Now the water authority wants to shut me off because they are saying that the landlord is responsible for the bill, when in fact, it is in his and mine name. Maybe, someone can shed some light on this.

Thanks,