Legal Question in Bankruptcy in Wisconsin

The gas and electric company has back charged me If the deposit demand is a result of havng filed for bankruptcy, most courts won't allow a utility company to charge more than a two month deposit. Your attorney needs to file a motion.

Public utility bills are dischargeable in bankruptcy, but if you file bankruptcy, the power company will still have the right to insist upon a deposit for future services in order to avoid disconnection (and will usually also give you a bit of time to pay it). Although you can fight over the amount of the deposit in court, in my experience, the amount which they initially request is usually close to the amount which you discharged in bankruptcy, and paying a lawyer to go to court to fight over this may not be the best way to spend your money. I'm not sure if you have filed bankruptcy yet or not, but bankruptcy is still worthwhile for this type of problem despite having to pay the deposit, since the deposit is like money in the bank for your future bills. This is because the future bills for service after your bankruptcy filing date would not ever be dischargeable; you would always need to pay it or face disconnection. The demanded deposit amount is therefore a good investment and is probably worth paying without fighting it in court, since you will eventually be spending that amount on future utilities whether you win or lose in court challenging the deposit amount. My comments here generalizations which are applicable to similar situations faced by many, not advice applicable to your case, and offered for public educational purposes only rather than as legal advice for you. You should therefore retain a lawyer in order to meet your own legal needs, or at least schedule a private consultation with one, since I am not currently your attorney and will not be taking any action on your case. Disclosure of confidential information in a public web forum is not recommended and is always subject to possible use against you later, in court. However, you are welcome to contact my Racine, WI office at 262-633-3090, see me on the web (www.jayknixonlaw.com) or email me at [email protected] with further questions. Web forum answers may contain attorney advertising materials