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Utility bills for BK'd house, post BK?


willingtocope
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Just to recap...filed BK 7 March 2004. Included house. Discharged May 2004. Stayed in house until Sept 2005. Bank finally gave us a buyout instead of foreclosure. Managed to keep the payments going on the electric bill the whole time. Moved out Sept 2005.

So...now...I get a collection notice from a company in PA asking for $480 or so on electric bill for that house. It is possible there was a balance owed...but we never got a bill until now.

The CA didn't include the "right to dispute" notice on their letter, so I'm gonna DV them and point that out...but...my real question is, was the responsiblity for the electric bill discharged in the BK?

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Just to recap...filed BK 7 March 2004. Included house. Discharged May 2004. Stayed in house until Sept 2005. Bank finally gave us a buyout instead of foreclosure. Managed to keep the payments going on the electric bill the whole time. Moved out Sept 2005.

So...now...I get a collection notice from a company in PA asking for $480 or so on electric bill for that house. It is possible there was a balance owed...but we never got a bill until now.

The CA didn't include the "right to dispute" notice on their letter, so I'm gonna DV them and point that out...but...my real question is, was the responsiblity for the electric bill discharged in the BK?

You have a discharge violation for the electricity bill. DV them, and then pull your CR in about 60 days. See what it says. I will bet (from experience - we do this daily in our firm) that you have more on your CR that was discharged.

If you'd like some help, PM me.

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You filed a 7 in 2004/discharged in 2004, every bill is discharged in your BK, current or late from the pre-petition date to date of filing.

OK, now that I've reread what you've said, this is what I suggest, call the electric company. Get a payment history from inception. If this stems from pre-petition, then you have a violation of the discharge. If this stems from misapplication pre-petition, then you have a violation. If this has ANYTHING to do with post-petiton, DV the CA.

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