Electric Bill.. discharge... shut-off?

[PATA]

(in Massachusetts)

I am going to be shut-off in 4 days (I heat with elec. Have 4 kids, youngest 20 months.. bill is in the 1000s)... I live in a small community where we are self powered (a small municipal plant). I want to file to clean up all my debt and start over.

question: When I file will i get a stay regarding the shut-off?

[StaciMM]

Filing BK will start an automatic stay where they can't shut you off while you're in the BK process. You can include all charges up to the time of filing. But, they would start billing you new at some point and could require a security deposit to continue services. If you have 4 days, you could file an emergency petition, which doesn't include all the schedules, then have a week or so (I don't know exactly how long) to get everything else in.

What else are you dealing with? I assume there is more than the utility.

[PATA]

There is a bunch of other things... repo that they want me to pay (3700) other things. I should have done it a month ago I simply wanted to see if I could get through it.

Tell me, I was going to file myself with one of the online programs... I know people do not recommend it but shooot... I dont have $1,000 to pay a lawyer AND the bankruptcy fee. Do you recommend a specific online program? Anyone have any experience?

Thanks!!! I appreciate the quick response.

[StaciMM]

If yours is a simple case, I highly recommend form7.com. Its $39 or so for the software, and you enter all of your information. You can then either print out the forms or put them into PDF format. (I used them, the paperwork looks very professional.) It was easy to use.

[PATA]

Is it a software that simply has the forms? Or does it have screens to make it almost idiot proof?

Did you file yourself?

Thanks for your help, I really appreciate it!

[TatteredInTexas]

Hi Pata,

I'm using the form7 software to do my CH/7, along with Nolo's 2005 version of "File your own Chapter 7 Bankruptcy" I paid $34.95 for the form 7 software and $19.95 for the downloadable PDF version of Nolo's book, from Amazon.com. Together, they have been very informative and I find the software to be very friendly. (The software is "fill-in-the-blank")

As for your utilities, according to Nolo's book, when you file - the automatic stay stops them from turning off the heat, electric, water, etc. for a period of 20 days. After that time, they can turn it off (my understanding) but, you can petition the court to have them turned back on again. Either way, as mentioned, you will probably have to pay a hefty deposit at the end of your B/K to get new services started.

As StaciMM said, if you only have 4 days... you could go ahead and file an emergency petition, with minimal form requirements, to start the immediate stay. The remainder of the forms are due within a 15 day period, I believe.

Hope this helps and best of luck to you!
Ronnie
TatteredInTexas

[TatteredInTexas]

Here's a bit more clarification on the utilities...

Utility disconnections:

[StaciMM]

Regarding the form 7, you enter your information & it creates the forms. You can download it for free. You won't have full access, but I think the free version will give you enough to file an emergency petition. (And you can get an idea of how it works before paying for it.) Once you register, you get access to all of the schedules.

[PATA]

Thank you both for your help. I will file the emergency petition and go from there. Does the book or does anyone have any idea what kind of deposit I am looking at for the elec department? For instance, I owe $5k. They cant demand that as a deposit. Does it say maybe a few months of average electricity?

Thanks!

Also... you both filed yourself? was it really a very simple process?

[StaciMM]

Pata-the only way to answer that is call your elec. company and ask. They're private companies generally, and so there is no standard. Call and ask-don't give your name/address if you don't want to.

[PATA]

I purchased Form7... funny, a while back (when I started looking into bankruptcy) I had downloaded the program... I hope this is fate! Anyway, there is no "Emergency" option. Can someone tell me what exactly I need to file for the emergency filing?

I will search this board to see what i can find also.

Thanks!

[StaciMM]

The emergency petition is the statement of financial affairs, and I think the creditor matrix. There are probably posts about it if you search. And, you can do the application to pay filing fee in installments. Have to pay at least $67 for 1st payment, and then $71 next 2 payments. **Double check this w/ your clerk at the BK court to make sure its the same.