Legal Question in Credit and Debt Law in Maine

charged retroactively for company's error

1. I received a $500 bill from the electric company for

errors they made from 2000-2002. Must I pay?

2. I declared bankrupcty and it became final last August

-- before learning of this debt, yet after it accrued. Had I

known of it, I would have discharged it. Any defense?


Asked on 8/04/04, 3:38 pm

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: charged retroactively for company's error

The fact that you filed for Chapter 7 after this newly discovered utility debt was incurred is significant. As you know, the bankruptcy discharge relieves you of the personal liability to pay for debts incurred prior to the filing of the bankruptcy case. However, the debt needs to be included in the bankruptcy petition to be considered discharged. You can "re-open" the bankuptcy to amend the petition to include the debt. Was the utility company listed as a creditor initially, but the amount was incorrect, or was it not listed at all? You may also want to provide a copy of your discharge to the company and see if they will recognize the situation without requiring you to re-open the case.

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Answered on 8/05/04, 8:09 am


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