Legal Question in Credit and Debt Law in Illinois

I keep getting a water bill from the City of Chicago for a home I moved out of in 2010. I had gone bankrupt and the home went into foreclosure. The City say I am still responsible as my name is still on the deed. Is this right or do I have any recourse in getting this resolved?


Asked on 2/20/13, 8:08 pm

1 Answer from Attorneys

The following are FAQs from the City's website. #20 says you can have "pre-petition" charges discharged (meaning bills prior to filing the bankruptcy) but not necessarily bills for water after the filing. As to foreclosure it has to do with change of title, not just the foreclosure judgment:

http://www.cityofchicago.org/city/en/depts/fin/supp_info/revenue/common_questionsonwaterservices.html

20. Does filing bankruptcy relieve me of outstanding water and sewer charges?

If you have filed for Bankruptcy, please send a copy your bankruptcy notice via fax to (312) 747-6894, email to [email protected], or mail to 333 S State St, Suite 330, Chicago, IL 60604. Be sure to indicate your name and phone number on the cover.

Upon notification, your account will be updated to reflect that the bankruptcy was filed for the specified pre-petition charges. You are responsible to pay all new post-petition charges in full and on time. If your current charges are not paid, we have the right to proceed with collection efforts including the termination of your water service.

21. How do I remove my name from an account for a property lost in foreclosure?

If you have lost your property through a foreclosure and are still receiving a water bill, please provide a copy of the executed Foreclosure Deed via fax to (312) 747-6894, email to [email protected] or mail to 333 S. State St, Suite 330, Chicago, IL 60604. Be sure to indicate your name and phone number on the cover letter. Your account will be reviewed and the charges updated to reflect details of the foreclosure.

Please note you are responsible for all account charges up to the date of the foreclosure. Chicago�s Municipal Code provides that the titleholder of record is responsible for all water and sewer charges. Until a Foreclosure Deed is executed, the borrower may still have certain rights to the property. If the foreclosure is only pending (Lis Pendens), and not yet executed, the titleholder of record remains liable for the water and sewer charges.

You may obtain a copy of the Foreclosure Deed from the Cook County Recorder of Deeds � www.ccrd.info. You may determine the status of a foreclosure case with the Cook County Clerk of the Circuit Court at www.cookcountyclerkofcourt.com / Online case info / Full electronic docket search / Chancery / (CH) / Search by Name or Case #.

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Answered on 2/21/13, 12:25 pm


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