QUESTION

Do I have to continue paying for sewer service on a home after bankruptcy?

Asked on Jan 18th, 2011 on Bankruptcy - New York
More details to this question:
I filed a bankruptcy for my condo and it was discharged in August. I am moving out of state in February and the Country says I will need to continue paying sewer service on it until it is foreclosed. Is that correct? If it is lost in Bankruptcy, why would I still be responsible?
Report Abuse

5 ANSWERS

Shawn Christopher
Are you still living in the property? If you, then you should pay for the services that were provided after your filing date, even if you surrendered the property. If the property is vacant, then you should be able to get the various utilities turned off, however, each locale may have different local ordinances.
Answered on Jan 19th, 2011 at 1:43 PM

Report Abuse
William C. Gosnell
No, you do not have to keep paying.
Answered on Jan 19th, 2011 at 5:58 AM

Report Abuse
Bankruptcy Attorney serving Hayward, CA at Carballo Law Offices
Update Your Profile
Assuming that you filed a Chapter 7 case which is a reasonable assumption since you got a discharge fast then you do owe the sewer services after you filed. The debts discharged were those you had before you filed for bankruptcy. Assuming that you did list the County Sewer Department as a creditor then you do not owe the charges before you filed the bankruptcy case. Since you probably had a "no asset" Chapter 7 case (as the vast majority of such cases) you might not owe the charges before you filed even if you forgot to name Sewer Department of the County as a creditor and gave the County notice of the filing. Most likely you did not give the County notice of the bankruptcy since the services were not turned off. However, you are stuck with the charges after the date of filing the bankruptcy case. In some cities or counties that sewer charges will become a lien on the property and bank will pay the sewer fees before or after the foreclosure since the bank wants the property without liens so that it can sell property. If the sewer charges are not a lien that is paid by the bank or the buyer of the property then the County can sue you for the outstanding charges after the date of the bankruptcy filing.
Answered on Jan 18th, 2011 at 7:13 PM

Report Abuse
Family Law Attorney serving Kingston, NH at DiManna Law Office, LLC
Update Your Profile
The bankruptcy law states that HOA's are still your responsibility during and after a Bankruptcy until the property is actually foreclosed.
Answered on Jan 18th, 2011 at 12:13 PM

Report Abuse
Criminal Law Attorney serving Syracuse, NY at Raymond J. Dague, PLLC
Update Your Profile
I think you can stop paying, provided you scheduled that creditor, and listed them in your schedules as an executory contract. If you did not do that you can amend your schedules to do that.
Answered on Jan 18th, 2011 at 11:58 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters