Water bill?

[StEt0417]

We filed ch.7 and in foreclosure. We are leaving the house and moving out of state. I tried to call the water company and shut off the water but unless the house has been sold they will not take the water bill out of my name. They said I would be responsible for $40 worth of fees each month. Well I dont want to pay for something Im not even living in. What happens if I dont pay these monthly fees once we move out?

[ValleYum]

They are post-petition debt so you would be responsible for them.

That seems so weird that they won't turn the water off, though. Bummer.

[jacksjean]

Where I lived in Citrus Heights, CA the city had a "cram down" policy whereby homeowners must pay both sewer and trash fees totaling almost $75-80 per month irregardless of whether they lived in their properties (foreclosed or otherwise). When I called to have the utilities turned off in April 2011, these two utility companies refused and continued to bill me. The sewer company ended up filing a lien against the property to recoup their 7-month worth of fees and the trash company ended up taking me to collections post BK7. The house ultimately went back to the bank in October 2011. I sent the collection agency a cease and desist letter and told them to file a lien against the property. Never heard back from the CA either way. I really don't care about my credit as it's shot anyway; I can't get a much more of a negative FICO score than I already have. It's a personal choice if you want to continue paying for cram-down utilities.

[HHM]

Water bills basically need to be paid, it is generally the case the water bills have automatic lien rights against the property if the bill goes unpaid. However, if you are surrendering the house, I wouldn't worry about it, it becomes the foreclosing banks problem, but until the bank forecloses, the water company can pursue you.