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Water bill in bankruptcy or does it 'go with the property'

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    Water bill in bankruptcy or does it 'go with the property'

    This past week I am reeling from being arrested for 'contempt of court' for not appearing to a debtors examination in a lawsuit. Spending 2 days in jail made me realize I need to take care of this. I attend law school and live with my parents and unfortunately was bad in managing money and have little of it (maybe 4k). I do receive a veterans education benefit to handle my living expenses and have student loans to pay tuition.

    The lawsuit is over a real estate contract for deed (commercial property in Michigan) that I defaulted. I bought it in 2003 and the judgement was for 150k. I also owe a 8k credit card from back in 2003. A mortgage forclosure from out of state for 117k from 2006.

    Is there any way to include a huge water bill (50K) in a chapter 7 and then after the bankrupcy is discharged rebuy the property?

    #2
    A water bill is a personal liability for whomever the account is under. You can discharge a water bill but the BK code allows the water company to require a deposit for you to continue with water service anywhere they provide you water. So if you file to discharge a water bill, just know that if you buy a house anywhere that is serviced by that same water company, they can require a deposit that may seem unreasonable (6 months even.)

    --William
    I am an attorney, but I am just not your attorney.
    As such, any statement is not intended to create an attorney/client relationship.

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      #3
      Is there any way to include a huge water bill (50K) in a chapter 7 and then after the bankrupcy is discharged rebuy the property

      In Michigan the water bill "rolls with the house" so to speak. (For residential, not sure about commercial). It is one lien on the home that a buyer of property should take care to make sure is paid at the closing table so it doesn't attach to their new home purchase. Overdue bills (more than 6 months?) often show up on the property taxes owed to the city / township and are paid at closing of the property with the taxes.

      Your question (quoted above) doesn't make sense though. If you have a judgment against you because of the unpaid land contract on the property how do you intend to re-purchase it? And from whom?

      Discharging the debt (huge water bill included) then attempting to re-purchase it after you've been relieved of the debt doesn't make sense.
      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.

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        #4
        Originally posted by option View Post
        ...Is there any way to include a huge water bill (50K) in a chapter 7 and then after the bankrupcy is discharged rebuy the property?
        You have a judgment and foreclosure and other items sitting on your credit reports and are now contemplating filing BK to discharge other debts and you want know if you can rebuy (I am assuming the commercial property) it after you discharge debts associated with it? You are in law school? You do mention you are bad at managing money and it appears that once you get your financial mess resolved you are going to jump right back into the pot until it boils over again. I would suggest finishing law school before you make any more investment decisions and include some investment/business courses. Also, many would view what you are trying to do as fraudulent.
        _________________________________________
        Filed 5 Year Chapter 13: April 2002
        Early Buy-Out: April 2006
        Discharge: August 2006

        "A credit card is a snake in your pocket"

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