Legal Question in Bankruptcy in Massachusetts
I am in a Chapter 13 pro se Case where I originally filed in May 2008. On February 2009 I applied for utility service in my name. In December 2009 the utility company said that I owed them $4600. I amended my schedules to include this Creditor. The Creditor said that the $4600 must be paid in full or they will shut my service off. I explained to them that the Court approved them to be amended and they are part of my 13 plan. The Utility Company is demanding the $4600 and shut my service off. What are my rights? Can the Court sanction the Utility company and make them turn my service back on. Help...
2 Answers from Attorneys
Generally speaking, the utility can shut off service without court permission ONLY as to bills that come due after the date you filed, which you said is May, 2008. $4600 sounds like an awful lot for only 11 months of service. Are they trying to collect for old bills? You need to have this looked at by an attorney. Call me or an attorney in your area for help.
If the issue is properly framed and properly presented (and if in fact they are trying to collect a pre-bankruptcy debt) then the court can penalize them, order them to turn on the service, and further order them to pay you for any damages. The key is whether the debt is pre-bankruptcy.
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