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    Deposits with utilities

    I'm getting ready to file and going through the checklist of assets. The list has a section asking about deposits with utilities. Why are deposits held by a utility company counted? It's not like I can access the money if I want to keep my utility to keep providing me with service. Also, how does the trustee know whether you have a deposit with a utility or not? Just curious....

    #2
    Regardless if you can access it or not it is still your money. In the event you were forced the sale of a house you would be disconnecting utilities and therefore getting that deposit back.

    Would they know whether or not there are deposits? Who knows. I will say this, you don't want to find out the hard way. Hiding anything asked for could create an automatic dismissal of the BK.
    Chapter 7 filed December 11, 2009, 341 Meeting held on January 7, 2010
    Deadline to File a Complaint: March 8, 2010

    Discharged and Closed March 11, 2010

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      #3
      There's probably a way to exempt the deposits though I don't know if you're using an attorney or going pro se. Some states seem to have exemptions specific to deposits. In my case I used some of my unused Homestead exemption to exempt a deposit held by my landlord. Hopefully that's all it takes.
      11/2008 - Filed Chapter 13
      02/2010 - Chapter 13 dismissed
      08/2010 - Filed Chapter 7 pro se in new district
      09/2010 - Chapter 7 341

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        #4
        Thanks for the replies. I am using an attorney and will bring it up with him. My electric company has a very large deposit.

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          #5
          Yet, ironically as soon as you file BK the utility company can turn around and demand a higher deposit of you also.
          Ch 13 filed 06/22/09. Dismissed,thankfully, 03/31/10. Ch 7 filed 06/28/10. 341 07/29/10. UST POA 08/06/10. UST mot to dismiss hearing extended to Dec...Feb...March...May...Aug. UST withdrawal of dismissal filed 05/31! DISCHARGED 07/12/2011!

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