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    New Utility Bill For Surrendered Property

    I just received a utility bill for a property that I surrendered in my bk. The utility company was also included in my bk. I called the utility company and asked why I am getting a bill and they said that they automatically open a new account when someone files bk. I told them that I surrendered the property and did not give them permission to open a new account. They stated that I owe the new balance since I did not inform them that I did not wish to continue service. Can they do this? Is there anything I can do? Thanks.
    Chapter 13 Filed (Pro Se) - 9/30/09
    Confirmation Date - 12/1/09
    Stats - $1752/month, 29/36 completed, 4% to Unsecured, Lien Stripped 2nd Mortgage

    #2
    This seems to be the story time and time again. It happened to me too. Yes, you're responsible, but perhaps you can "argue" that you turned off the account (disconnected the service).
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      I did argue that I did not use the service, since all the power was shut off at the breakers. They agreed to double check the usage, but told me there is still a minimum monthly charge even if there is no usage. I just can't believe that they can open a new account number without my permission. I would understand it more if they reset the balance on the account that was bk'd. Oh well.
      Chapter 13 Filed (Pro Se) - 9/30/09
      Confirmation Date - 12/1/09
      Stats - $1752/month, 29/36 completed, 4% to Unsecured, Lien Stripped 2nd Mortgage

      Comment


        #4
        This type of thing burns me. I would love to see an attorney take this to court and set a precedence. You did not give them permission to do this, and yet you are responsible???
        Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
        I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

        Comment


          #5
          What I'm saying is... that if you actually called them and disconnected the service (terminated the service), and then filed Bankruptcy... then they restored the seervice on THEIR DIME.
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

          Comment


            #6
            Unless you tell them "I don't want service anymore", then yes, they can still charge you. Just because you aren't physically using electric doesn't mean there isn't still charges.

            I understand that you are upset that they assigned a new account with out your permission, however, if they closed the account without your permission and you still wanted electric then you would be upset too. Being it's the winter months and you may need the electric for heat, they chose the lesser of the evils. If you were using the electric for a heating appliance and they turned it off and the house froze up there would be bigger issues as far as they're concerned.
            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

            Comment

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