What should I do with this bill?

[Kingxray]

This is not an automatic stay issue. Utility Companies have their own special section of the Bankruptcy Code in 11 USC 366! The automatic stay as to them, unfortunately, is 20 days.

I believe that the Gas Company's statement about showing the the Bank took over... will be your Achilles's heel. For some reason, the gas was turned back on when you BK'd them. I don't think you actually canceled or closed the account. I think you only stopped the billing somehow. Is someone living there?

You may be able to argue that there was no billing from the time you "shut off" the service and the BK. That would be proof that they shouldn't have done anything. However, you may need to file a Motion with the Bankruptcy Court to get this resolved.

Why do you believe that showing the gas company that the bank took over the house is a bad idea? I certainly don't want to do anything to make this situation worse.

The gas company claims that the bills were being returned to them and that they had to search for us to find our address. Nobody has lived in the house since Nov. 2008.

[Kingxray]

You will only be responsible up until the time you formally cancelled the service. I am assuming you have some sort of proof of cancellation that can be sent to them, and that should suffice.

Thanks B2S but being the idiot that I am I have no proof of cancelation. I just called and told them to stop service. The gas company said that was okay though, as they do not give out confirmation numbers on cancelations-they just cancel them. So now we have to prove that we have not lived there. Maybe I'll try using our drivers liscense since we moved out of state.

[justbroke]

Why do you believe that showing the gas company that the bank took over the house is a bad idea? I certainly don't want to do anything to make this situation worse.

Huh? I hope I didn't imply that. I was just wondering if that was one of the criteria that the Gas Company will use to eliminate the bill in your name. You never indicated if the place is, in fact, in the Bank's name.

The gas company claims that the bills were being returned to them and that they had to search for us to find our address. Nobody has lived in the house since Nov. 2008.

Wow! So they just kept providing service for... 12 months!

[aljohnson007]

If the bank forecloses and sells, it will all be settled at closing.

[Kingxray]

Huh? I hope I didn't imply that. I was just wondering if that was one of the criteria that the Gas Company will use to eliminate the bill in your name. You never indicated if the place is, in fact, in the Bank's name.

Sorry, I misunderstood. I am not sure if it is in the bank's name. The bank just recently got the order to lift the automatic stay. I'm not sure how the foreclosure process works.

Wow! So they just kept providing service for... 12 months!

I know! That is why we assumed the bank had the gas turned back on.

[Kingxray]

If the bank forecloses and sells, it will all be settled at closing.

Will it? Like a lien? I'm not sure if the gas company puts liens on houses. I know the water co. does.

[music12]

maybe what happened is that the account *was* cancelled, but some idiotic computer program at the gas company is set up as to start up a new bill whenever any client filed for bk without checking whether it's a current client!

[justbroke]

maybe what happened is that the account *was* cancelled, but some idiotic computer program at the gas company is set up as to start up a new bill whenever any client filed for bk without checking whether it's a current client!

That is a scenario that I can agree with.

Also to Kingxray, you write that the Automatic Stay was just lifted for the home. To me, that is indicative of a home that has not been foreclosed upon. You should check your county records tomorrow (or tonight) to see if it's still in your name or not.

[Kingxray]

maybe what happened is that the account *was* cancelled, but some idiotic computer program at the gas company is set up as to start up a new bill whenever any client filed for bk without checking whether it's a current client!

That makes sense. The gal at the gas company said the account was closed on the day we filed and reopened the next day. She didn't know why but she said that is what they do.

Thanks justbroke. I'll ask the paralegal tomorrow where we are at in the foreclosure process.