Question Re 2nd Chapter 7 during this lifetime

[assprotekshn]

I had to have a BK7 a long time ago which was successfully discharged. In that BK, my utilites were included. Someone told me that they can't be included in a 2nd BK. Do you know if this is still true, or if that stipulation is obsolete? Thankyou in advance!

[LadyInTheRed]

Hi, assprotkshn. I've edited your post. Your questions should not be directed to one specific person. This board depends on the collective knowledge of all members to insure people receive the best information possible.

Your question is a little confusing. The fact that you included a utility bill in your last BK does not mean that you can't include another utilitiy bill in a new BK. Does that answer your question?

[assprotekshn]

Hi, assprotkshn. I've edited your post. Your questions should not be directed to one specific person. This board depends on the collective knowledge of all members to insure people receive the best information possible.

Your question is a little confusing. The fact that you included a utility bill in your last BK does not mean that you can't include another utilitiy bill in a new BK. Does that answer your question?

Thanks so much Lady, I appreciate the edit too....I didn't realize!

To clarify: The last BK included our past due electricity charges. We included our electricity charges on this BK too (same electric company). Someone said that Utilities can only be included in a BK one time. Have you ever heard of that? TIA! :-)

[LadyInTheRed]

Never heard of that. Who told you that?

[despritfreya]

What someone told you is wrong.

A utility can alter, refuse or discontinue service if one fails to give it adequate "assurance of payment" within twenty days of filing. This provision, 11 USC 366, in one form or another, has been part of the bk code since 1975. In 2005 the provision was amended to include what was meant by "assurance of payment" as well as some other items. 366 is typically used in commercial, not consumer cases. You might want to Google 11 USC 366. While the provision may be a bit confusing, if you read it carefully you will get the gist of it. Quite frankly, I have only had it pop up in two or three consumer cases. It pops up in commercial cases routinely but I think utility companies have taken a "hands off" approach when dealing with consumers unless the debtor is a real bad apple.

Des.

[assprotekshn]

Thankyou both very much! Such thorough info, and it put my mind at ease! Warm Wishes!