Legal Question in Bankruptcy in United States
My bankruptcy was discharged May of 2005. At that time I had notified Pittsburgh Water and Sewer. They closed the account, reopened a new account, and I paid a deposit. I am current on my water bill but now they are sending threatining letters about warrents, filing a lien, and possibly taking my home. I could have only owed $500 when the bankruptcy was filed. Now they are trying to collect $2000. Help.
6 Answers from Attorneys
If you have notified them of the bankruptcy case details (case number, filing date) (something you did not tell us), the next best person to contact is your bankruptcy lawyer who knows the details and may be able to fix it with a letter.
1. First you should send a letter demanding that they accept the discharge and stop billing you on a discharged debt. Tell them you will seek sanctions (a monetary Fine} if they do not stop.
2. If they continue to bill you, your attorney should seek sanctions. there is no cost to reopen a case for sanctions, and the attorney will be awarded a reasonable fee.
Stephen Berlinsky, Attorney, 637 8th Street, Clermont, Fl 34711
Send them a copy of your discharge in bankruptcy via certified mail. If they were notified of the bankruptcy filing this should take care of things. If they keep trying to collect the discharged debt, see your bankruptcy attorney.
After sending them a copy of the bankruptcy, see your original bankruptcy lawyer. You may have a right to sue them for damages.
You don't provide enough information to answer this question. If these utilities were included in your condominium association, they may be nondischargeable for that or for other reasons. Some taxes are also nondischargeable, although I have no idea whether these could be considered a tax in your jurisdiction. On the other hand, the continued collection activity could be nothing more than a result of bad record keeping by the utility not realizing that the debt has been discharged. The person who can help you the most is probably your original bankruptcy lawyer, although it would be normal for him to charge additional fees for new work which comes up after conclusion of your case. My comments here are not legal advice, nor do they create an attorney client relationship between us. However, you always more than welcome to contact my office in Racine to discuss any additional questions which you may have or to set up a free consultation.
Water and sewer liens are usually secured in PA so they sometimes survive a discharge. You should call either the Bankruptcy lawyer that helped you file or another Bankruptcy attorney to assist.
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