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    #1

    New to Forum.........questions????

    Just a brief intro and a little information on my situation. Husband and I will be filing Chapter 7 probably later this week. Over 75,000 in cc and loan debt. Able to keep both the house and car with exemptions, have nothing else of any value for the trustee to take.
    Got into this situation (at least partly) because I foolishly put my faith and trust into a Debt Settlement firm that in the end did nothing but take my money and put me in this situation. Can't say I wouldn't be here anyway but prior to that I was at least making minimums.

    So anyway, my main questions. I am CURRENT of ALL of my utilities. Electric, cable, phone, cell etc. I am confused about listing them on the bk. I DO NOT want to have to pay deposits to continue these services when I am not behind on them. Paralegal said list them and you will have 0 balances but it doesn't sound like it's worth it if you have to pay to have them reinstated. Can I just leave them off my bk?

    Thanks for the help

    Connie
    Filed..........August 10. 2006
    341.........September 22, 2006
    Last Day for Objections........November 21, 2006
    Discharged............November 27, 2006
    Tags: None
    #2
    I would think you can leave them off. If you don't owe anything, its not a debt.

    Comment

      #3
      Originally posted by ConnieS
      Just a brief intro and a little information on my situation. Husband and I will be filing Chapter 7 probably later this week. Over 75,000 in cc and loan debt. Able to keep both the house and car with exemptions, have nothing else of any value for the trustee to take.
      Got into this situation (at least partly) because I foolishly put my faith and trust into a Debt Settlement firm that in the end did nothing but take my money and put me in this situation. Can't say I wouldn't be here anyway but prior to that I was at least making minimums.

      So anyway, my main questions. I am CURRENT of ALL of my utilities. Electric, cable, phone, cell etc. I am confused about listing them on the bk. I DO NOT want to have to pay deposits to continue these services when I am not behind on them. Paralegal said list them and you will have 0 balances but it doesn't sound like it's worth it if you have to pay to have them reinstated. Can I just leave them off my bk?

      Thanks for the help

      Connie
      I would agree with what you are saying....your paralegal is not giving you good advice in my opinion. If you had a $2000 electric bill you couldn't pay, that is one thing, but when your paying your utilities each month, they are current, they do not have to be included.

      The only ones you will have to claim are those where you have a contract for. Example would be your cell phone contract. In my case, I didn't even have to reaffirm it, just keep making the payments on it.
      Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
      Plan Confirmation 6/16/06 :yahoo:
      Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

      Comment

        #4
        Originally posted by FilingOnMyOwn
        I would think you can leave them off. If you don't owe anything, its not a debt.
        FOMO is right - we were current on all our utilities when we filed Ch 13 so our lawyer said it wasn't necessary to include them anywhere on our paperwork because we didn't owe them any money. Just because the paralegal says to list them doesn't mean you should. Ask your lawyer directly about this and let us know what happens. Good luck!
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !
        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

        Comment

          #5
          Dittos to what everyone else has said.

          We've gone thru all the paperwork part of the process. Our attny never mentioned utilities.

          Personally, I would not list them if you're current with all your payments. It could cost big time in the future if you BK against a utility.
          Filed Ch 7 - 09/06
          Discharged - 12/2006
          Officially Declared No Asset - 03/2007
          Closed - 04/2007

          I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

          Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

          Comment

            #6
            I bk'd last year and didn't list utilities. After I found out that if I did, they wanted a deposit of 4 time my highest bill of the past 12 months! Leave them off - you'll be fine.

            Comment

              #7
              Thank you...........

              Thanks for all the great replies. I kind of thought that this would be your answers. I am wondering now if the paralegal doesn't realize I am up to date on my utilities because on the list of creditors she just has the amount owed as unkown. I have struggled and robbed peter to pay paul to keep all of my utilities current and it would just about kill us to have to pay the deposits I am reading some of the other people on this forum have had to pay to get their electric and phone service back.

              I will be seeing the lawyer once more this week to finalize and sign the documents to file. I will be sure to mention this to her have the utilities removed from the petition and go from there.

              Thanks again, once we have filed and move to our 341 I am sure I will have a ton more questions and be here for some hand holding.

              Connie
              Filed..........August 10. 2006
              341.........September 22, 2006
              Last Day for Objections........November 21, 2006
              Discharged............November 27, 2006

              Comment

                #8
                We just went thru a move. Having to get accts with new utilities companies as well. Gas, Elec, and Water all did Credit Checks on us.

                How in the world we passed the Gas and the Water Credit Checks, I'll never know.

                The Elec had us put up 2 months of the previous tenants' average monthly bills as "security" deposit to get service in our names. $225. I can't imagine what it would have been if we BK'd against a utility.
                Filed Ch 7 - 09/06
                Discharged - 12/2006
                Officially Declared No Asset - 03/2007
                Closed - 04/2007

                I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

                Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

                Comment

                  #9
                  I did not list my cell phone. Didn't know I had to but it didn't hurt me at all.
                  Filed Pro-se: 01/18/06
                  341 meeting: 02/14/2006
                  Objection Deadline: 04/17/06
                  Discharge: 06/13/2006
                  Closed: 06/21/2006

                  Credit cards

                  06/25/06, reopened a Discover that I closed before my bk, $1500 limit
                  July 2006, Target Redcard $200 limit
                  August 2006, Hooters MC $1750 limit

                  Comment

                    #10
                    Originally posted by krobin02
                    I did not list my cell phone. Didn't know I had to but it didn't hurt me at all.
                    I had to list mine because I had a two year contract. If I was just month to month, I would not have listed it.
                    Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
                    Plan Confirmation 6/16/06 :yahoo:
                    Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

                    Comment

                      #11
                      Originally posted by aa06a47
                      I had to list mine because I had a two year contract. If I was just month to month, I would not have listed it.
                      Same thing here. We're under contract so we had to show a printed copy of that effective date.
                      Filed Ch 7 - 09/06
                      Discharged - 12/2006
                      Officially Declared No Asset - 03/2007
                      Closed - 04/2007

                      I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

                      Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

                      Comment

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