Surrendered Property

[heyu]

I filed chapter 7 on the 9/25/08 which included the surrendering of my upside down home, on the 10/14/08 the US Middle District of Florida Bankruptcy Court issued an order granting me, the debtor a motion to abandon my home with no recourse against me the debtor. a copy of said order was sent to me, my Lawyer, my mortgage company, The county tax collector, county code compliance,IRS and the Utility company.
On the 10/25/08 my wife called me at work to say that there was no water in the house, having been told by my Lawyer that I had time up until the house was sold before I had to leave I thought that something was wrong, I called the Utility and was told that the Property was no longer mine and that only the owner could have the water turned on again, calling my Lawyer and explaining to him what had transpired I was told that although he told me I could stay the water was tied to the property and that he did'nt think that they would actually turn off the water, well just to finish this off I ask my neighbor if I could tie to his house with a waterhose and pay him each month until I left.
I have written this to see if anyone had the same experience and what did you do and to let others know what can happen as it did happen to me.
Ya my neighbor agreed.

[justbroke]

All I can say is wow. I didn't know the utilitiy companies were that desperate. When I filed and included my utilities, they only started new accounts and charged-off the other balances (and set-off the balances against my deposits).

Utilities are protected by Bankruptcy Code. They are allowed to do things that other Creditors can't do, including turn off service after proper notice.

However, the Utility is wrong about "only" an owner can turn on utilities! Any person can turn on utilities at an address, subject to credit check and deposit. Most water companies are municipal anyhow, so you're probably just dealing with the wrong person at the Utility. Ask to speak to a Bankruptcy specialist who knows exactly what to do with Bankruptcies. Otherwise, you're just talking to the wind.

Good luck!

[b_girl]

We also had a motion of abandonment filed against us, just not so quickly (30 days after the 341). From what I understand it's a way around a normal foreclosure process...in our case, the bank wanted us to sign a quitclaim deed (we were wanting to keep the home, however, so we were forced to reaffirm it and are still living here). Sounds like more banks/lenders are using this tactic now. It also sounds like the lender owns your home and they want you out. Sorry to hear this...you never know exactly what time frame you will have when you agree to give back a home in a BK.

[Scooter10]

I had the water shut off on my house also, but it was becasue I missed a few payments. I went to Lowes, bought a set of bolt cutters for $10 got the water back on. My water was back on immediatly. I worked out a payment plan with the water company and I never heard anything about me turning back on the water. I live in the central district of Florida.

[heyu]

You guys are missing the point here, my water was turned off, I did not owe a cent, what was said was that the property was deemed abondant by the courts and any bill that became due after that date was not my responsibility, the water company told me to have the owner give them a call to get the water turned on again, I spoke with the mortgage company and they told me I was still the owner as my name was still on the deed as owner. its a catch 22 situation, any ideas.

[FlaOnTheRocks]

If they are thinking they are going to be stuck with an unpaid balance can you prepay a few months forward? Maybe even having the mortgage company fax the request. Just a thought.

[justbroke]

You guys are missing the point here, my water was turned off, I did not owe a cent, what was said was that the property was deemed abondant by the courts and any bill that became due after that date was not my responsibility, the water company told me to have the owner give them a call to get the water turned on again, I spoke with the mortgage company and they told me I was still the owner as my name was still on the deed as owner. its a catch 22 situation, any ideas.

Yes. Politely remind the Utility that they can't deny you service. It's right in 11 USC 366. Also, most Water Utility companies are actually Municipally owned. The Municipality can easily check the Recorder of Deeds -- as you should suggest they do -- as to who the owner of record is.

If you still have problems... and have a lawyer who isn't going to charge you alot... have the lawyer issue a Motion to Compel.

(a) Except as provided in subsections (b) and (c) of this section, a utility may not alter, refuse, or discontinue service to, or discriminate against, the trustee or the debtor solely on the basis of the commencement of a case under this title or that a debt owed by the debtor to such utility for service rendered before the order for relief was not paid when due.

I would also kindly remind the Water Board (Utility), that a Motion to Abandon Real Property is not a declaration of abandonment. It is, if granted, merely the court allowing a Debtor to dispose of an Asset that is part of the Estate, as though they don't want it. It does not signify that property is empty or that it had been in fact, abandoned. Until such time as a new Deed is recorded or a Quit Claim recorded, the home belongs to whoever is on the Recorded Deed. Just as if anyone were to be injured at the Property you'd be at risk until a new Deed is recorded.

[heyu]

Thanks for your thoughts, now lets take it a step further, I have had my water turned off for a month now with a hose connected to my neighbors home for water and am paying him the difference, can I sue the utility for turning off my water, which in effect was like trying to throw me off the property. Any ideas would be appreciate here.

[HHM]

Well, that is a new wrinkle. Honestly, that is the first I have heard of something like this. I suppose it makes sense in some way...but it does seem odd. After all, people rent houses all the time and it is usually the renters responsibility to get utilities in their name.

[justbroke]

Thanks for your thoughts, now lets take it a step further, I have had my water turned off for a month now with a hose connected to my neighbors home for water and am paying him the difference, can I sue the utility for turning off my water, which in effect was like trying to throw me off the property. Any ideas would be appreciate here.

Have you tried any of the things which I mentioned in my posts? That is to demand service and that they cannot deny your service.

Is your case closed? If not, perhaps you can submit a Motion to Compel.

Sounds like you need a court order to make them do something! Does the Recorder of Deeds (or whatever it is called in your county/municipality) still show you as the owner.

I would go right to the water board / utility office. Show them the deed as still recorded. If you get no action from a clerk, ask to speak to a manager, not a supervisor. Plead your case or tell them that you'll have no choice but to have the clerk and the water utility come to the US Bankruptcy District Court for the Middle District of Florida, and answer why you are doing this. I assume your case is still open because you only filed in September.

Whoever you are talking to at the utility is truly uninformed and doesn't know anything. To say that "you wouldn't be responsible" for a water bill... post-petition... is someone who seriously doesn't know what they are talking about.

You need to be speaking to the right person. There is no need why this should still be going on!

[heyu]

I worded out an email and sent it off, will just have to wait and hear what they are coming back with, I made it clear that they had violated their position by withdrawing water services from me, my pregnant wife and two small kids.

[justbroke]

I hope this works for you. The key is to stay on top of them. Call them twice a day until they take action.

If they don't take action, then call thrice a day!

[No Gravy]

I worded out an email and sent it off, will just have to wait and hear what they are coming back with, I made it clear that they had violated their position by withdrawing water services from me, my pregnant wife and two small kids.

Wow! This is what you meant in the other thread...

I'm surprised your attorney hasn't stepped in and done something. Usually all it takes is a call from an attorney to get just about anyone's attention.