@SuperFlyEDSguyIf you are facing a utility shut-off, including your electricity, gas, water, or telephone due to unpaid bills, filing Chapter 7 bankruptcy may help keep your service connected. Under federal law, if you file for bankruptcy, the utility company cannot change, refuse, or disconnect your service. Also, utility companies cannot shut off or refuse to provide you service just because you filed for bankruptcy or were late on your payments at the time you filed bankruptcy.
Leases, even those in default, are considered executory contracts in bankruptcy cases because performance is still due from both the landlord and the tenant. Debtors can occupy the premises and are allowed 60 days (subject to extension by court order) to decide whether to assume the lease and continue to occupy the premises or assign the lease to a third party. If a debtor chooses to assume the lease, they must pay all pre- and post-petition defaults or provide adequate assurance that it will do so in a timely way. If a tenant chooses not to assume or assign the lease, the lease is deemed rejected, or terminated, as of the bankruptcy filing date or another date set by the court.
Just for datapoints sake....
This is from when I first found this site in August until now (late October).
Siggy updated Feb 16 2023
@despritfreya wrote:I think @FireMedic1 pinged me to assist in clarifying some information. For what it's worth, I will try. . .
". . . the landlord charged you rent AFTER moving out?. . . [W]ere they advised of the bankruptcy?. . . If they were Included In Bankruptcy (IIB) and notified, then they should not be billing you after being notified as the BK notice not only stops rent from being collected, but even utilities!"
This is correct if the tenant moved out pre petition.
"Whether it's a Chapter 7 or 13, you're always not responsible for unsecured debt!"
Too general a statement. There are numerous unsecured debt one remains responsible for after Discharge. Typically, we are talking about taxes, domestic support obligations, governmental fines, restitution, and certain student loans. The specifics can be found by reading 11 U.S.C. §523.
"If for some reason it wasn't IIB and it's a BK7, there's nothing you could do once discharged since you forgot to include it."
In a no-asset Chapter 7 “oops I forgot” does not matter. Unless the debt would not be dischargeable under §523, it is subject to the Discharge Order even if not listed - again, so long as the Chapter 7 was a no asset case.
". . .[Y]ou CAN at least try to add a debt in to a BK13 by petitioning the trustee as a 13 doesn't get discharged for 36+ months, but you must have incurred the debt before filing. . ."
Again, way too general. In a Chapter 13 creditors are sent a notice giving them to a date certain to file a claim. If a creditor is not listed in time to file such a claim the debt will not be discharged since, without a court order authorizing a late claim, the creditor will not be able to participate in whatever payout there was going to be. See 11 U.S.C. §1328(a)(2). Typically it will be the creditor who files a Motion to Allow a Late Claim but I suppose the Debtor can file one as well. As to the issue of a post petition debt, 11 U.S.C. §1305 covers the filing and allowance of certain post petition debts.
I hope this clears things up a bit.
Des.
Thanks for the clarification. When I filed BK7 I had already moved out. The propery (and the fee amount) was included in the filing.
Before I knew I would file my attorney tried to remedy the issue but the property management wouldnt negotiate (despite doing a bunch of other things illegally).
I ended up deciding to file BK7 anyway so none of that ended up mattering in the end.
Not only did the property not get their stupid fee, they also got reported to a couple state agencies. Someone I know said told me that a federal agency has been investigating them already. Hopefully those idiots (can I say that here? Lol) get their butts fined off!
Had a very pleasant conversation with a NFCU rep. I was able to open checking, savings, and money market with them today. Hopefully thus is the start of a beautiful relationship! Lol
The rep said I should be able to app for the secured card in January.
Any input from yall if I should keep both my checking and savings open with BoA? I was just going to keep a checking open and dump a couple bucks per paycheck.
@MichaelMyer wrote:
@DogwoodLynx wrote:Got my Ch 7 packet filled out yesterday and sent to my attorney.
I just need to supply pay stubs from earlier this year and either find the original or obtain a new social security card (I put it somewhere safe and now I don't remember where that is!). I also have to complete my credit counseling and submit a certificate.
You have to submit paystubs? Do those become public too?
The only documents that are public are the ones submitted and entered into PACER (court system).
All your financial and other personal docs are sent to the trustee (attorney for the court) to review to make sure everything meets legal requirements however they are not publicly available (and not subject to FOIA either).
Got my first "Pre-Approved" letter today! Uts from C1 for UP TO 2k.
Not gonna take it (not DC'd yet and not wanting a $75 AF) but it kinda feels good in a way. Im almost on the other side of this BK7!