QUESTION
What can I do if I have filed Chapter 7 Bankruptcy and a creditor is still harassing me?
Asked on Sep 16th, 2015 on Bankruptcy - Michigan
More details to this question:
I had Consumers Energy in my Chapter 7 that has been discharged and they just sent me a shut off notice for the amount that was on my BK. What should I do? I contacted my attorney and he wants me to pay him more money to take care of this which this was an issue then when I was in my BK.
3 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Did you pay the deposit required by Consumers Power? If you did, this should be part of the bankruptcy work that you already paid for, if you didn't, start looking for another power supplier.
Answered on Sep 21st, 2015 at 4:00 AM
A public utility is allowed to collect a security deposit from you to restore service, and the amount of that security deposit could be as much as your discharged debt. Since public utilities are highly regulated, you could contact the customer service division of the utility to discuss the amount of the security deposit or try contacting the public utility commission regulating the utility for help. But do not take the attitude that they are wrong and you are the victim here because it is very unlikely that this is the case. A good discharge violation case is a case many bankruptcy litigators will fight over to accept, requiring little or no money down from the client because the court will award damages including legal fees to you and your attorney.
Answered on Sep 16th, 2015 at 2:20 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should engage your attorney and respect the fact he cannot work for free.
Answered on Sep 16th, 2015 at 12:03 PM