No Stay for Water Bill of Renter

[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,

[malf1204]

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

[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]

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.

[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.

[NoMoreCards]

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

[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.

[malf1204]

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

[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

[gdfox]

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

[malf1204]

So if my dad and I have a car loan together and we are both on the loan and the title and he files Bankruptcy they can repossess the car during the stay?

[malf1204]

Wow I guess the BK dealing with Chapter 13 BK and the automatic stay is wrong. I am positive the stay includes the co-signer in a CH 13 but perhaps I misunderstood the code.

[NoMoreCards]

So if my dad and I have a car loan together and we are both on the loan and the title and he files Bankruptcy they can repossess the car during the stay?

This would be a question for your attorney. However, below might help you understand.

From the NOLO book "When you file a Chapter 7, all collection activities against you must stop because of the bankruptcy’s automatic stay. However, the Chapter 7 automatic stay does not extend to your cosigners and guarantors. So your creditors are free to pursue them to collect the debt."
I am not familiar with CH13 and the rules.

As the OP stated above, the bill is in the landlords name, and C/O to the renter. I doubt this is dischargable if billed that way. The OP should discuss with his/her attorney for the specifics for their area.

[malf1204]

I agree the STay is not in effect in a chaapter 7 BK but it IS in a 13 and you said "Cosigners, such as the landlord are not covered by automatic stay. Sorry, that just isnt true. " and "...Cosigners of accounts are NOT protected by the automatic stay, if they did not file for BK. PERIOD ". Perhaps you should do some fact checking before you post. Just a thought.

[LadyInTheRed]

Wow I guess the BK dealing with Chapter 13 BK and the automatic stay is wrong. I am positive the stay includes the co-signer in a CH 13 but perhaps I misunderstood the code.

It is different in Chap 13. 11 USC § 1301 protects a co-debtor in a Chap 13.

We are in the Chap 7 forum.