Legal Question in Bankruptcy in California

Creditor conduct after filing.

After listing a utility bill such as an Electric Bill on my bankruptcy, Chapter 7, Can the electric company demand a desposit payment in the amount that was filed on your bankruptcy. This was done and I have five days to pay or my electric will be shut off. I filed on October 16 and Creditor Meeting was on November 21, which None of the Creditors attended. I view this as harrassment and an effort to continue to the bill. What should I do? I am representing myself because I have NO money. HELP!


Asked on 12/03/97, 1:40 am

1 Answer from Attorneys
Mark Markus Law Office of Mark J. Markus

Creditor Conduct after Filing (Utilitites)

A utility is perfectly justified in seeking adequate assurance of payment (such as a new security deposit) if you are behind in payments on the date you file for BK. I suggest you read 11 U.S.C. sec. 366 and supporting case law if you are representing yourself. You may need to do a motion with the Court to alter the amount of the security deposit and prevent service from being turned off.

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Answered on 12/03/97, 12:46 pm


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