Empathy List Archives

KR

Kay Robbins Wall

Fri, Mar 3, 2023 8:03 PM

A homeowner in one of my towns has filed a Chapter 13 Bankruptcy. The water accounts had been handled (mishandled) ? by a company for the past year or two, and the account is $4,000 in arrears.I believe Chapter 13 is a reorganization by wage earner, with a five year plan to pay. I see a plan to pay the Mortgage and the Homeowners' association dues,but nothing for the water department.Can I have any success with the Chapter 13 pending? I am sure we are in the Unsecured category, but would homeowners' association dues not be unsecured also?The home is for sale. Can my water department deny water to a subsequent home purchaser until $4,000 is paid? (Town has taken over the handling of the accounts, so this is an instance that will not be repeated.)
Anyone have any experience with this? Eastern District of Oklahoma.
Kay Wall918.689.7737 office

A homeowner in one of my towns has filed a Chapter 13 Bankruptcy. The water accounts had been handled (mishandled) ? by a company for the past year or two, and the account is $4,000 in arrears.I believe Chapter 13 is a reorganization by wage earner, with a five year plan to pay. I see a plan to pay the Mortgage and the Homeowners' association dues,but nothing for the water department.Can I have any success with the Chapter 13 pending? I am sure we are in the Unsecured category, but would homeowners' association dues not be unsecured also?The home is for sale. Can my water department deny water to a subsequent home purchaser until $4,000 is paid? (Town has taken over the handling of the accounts, so this is an instance that will not be repeated.) Anyone have any experience with this? Eastern District of Oklahoma. Kay Wall918.689.7737 office

SF

Sharla Frost

Mon, Mar 6, 2023 6:43 PM

I have some bankruptcy experience in Chapter 11 context, but not Chapter 13. Without knowing the exact details, I would certainly file a proof of claim with the bankruptcy court. I would expect the court to classify the claim in the same category as the homeowner’s association dues, but the bankruptcy code may have a list of which claims fall where.

Sent from my iPad

On Mar 3, 2023, at 2:03 PM, Kay Robbins Wall lkrw@sbcglobal.net wrote:

A homeowner in one of my towns has filed a Chapter 13 Bankruptcy. The water accounts had been handled (mishandled) ? by a company for the past year or two, and the account is $4,000 in arrears.
I believe Chapter 13 is a reorganization by wage earner, with a five year plan to pay. I see a plan to pay the Mortgage and the Homeowners' association dues,
but nothing for the water department.
Can I have any success with the Chapter 13 pending? I am sure we are in the Unsecured category, but would homeowners' association dues not be unsecured also?
The home is for sale. Can my water department deny water to a subsequent home purchaser until $4,000 is paid? (Town has taken over the handling of the accounts, so this is an instance that will not be repeated.)

Anyone have any experience with this? Eastern District of Oklahoma.

Kay Wall
918.689.7737 office

Oama mailing list -- oama@lists.imla.org
To unsubscribe send an email to oama-leave@lists.imla.org

I have some bankruptcy experience in Chapter 11 context, but not Chapter 13. Without knowing the exact details, I would certainly file a proof of claim with the bankruptcy court. I would expect the court to classify the claim in the same category as the homeowner’s association dues, but the bankruptcy code may have a list of which claims fall where. Sent from my iPad On Mar 3, 2023, at 2:03 PM, Kay Robbins Wall <lkrw@sbcglobal.net> wrote: A homeowner in one of my towns has filed a Chapter 13 Bankruptcy. The water accounts had been handled (mishandled) ? by a company for the past year or two, and the account is $4,000 in arrears. I believe Chapter 13 is a reorganization by wage earner, with a five year plan to pay. I see a plan to pay the Mortgage and the Homeowners' association dues, but nothing for the water department. Can I have any success with the Chapter 13 pending? I am sure we are in the Unsecured category, but would homeowners' association dues not be unsecured also? The home is for sale. Can my water department deny water to a subsequent home purchaser until $4,000 is paid? (Town has taken over the handling of the accounts, so this is an instance that will not be repeated.) Anyone have any experience with this? Eastern District of Oklahoma. Kay Wall 918.689.7737 office -- Oama mailing list -- oama@lists.imla.org To unsubscribe send an email to oama-leave@lists.imla.org

R

rayvincent@coxinet.net

Mon, Mar 6, 2023 7:11 PM

A utility customer who files for bankruptcy receives protection from creditors, including utilities. Because filing for bankruptcy gives the customer what amounts to a fresh start, utilities must stop all collection activity on pre-filing account balances and delinquencies. In most cases, utilities must provide service as if the customer were signing up for the first time. Customers who enter bankruptcy must still pay for the service they use while in bankruptcy.

Adequate Assurance of Payment – Utilities may request adequate assurance of payment from a customer who has filed for bankruptcy to ensure payment for utility service. If a utility requests adequate assurance of payment and the customer does not provide it, the utility may terminate service, but only after 20 days from filing for bankruptcy (30 days for Chapter 11 filings). Examples of adequate assurance include cash deposits, letters of credit, certificates of deposit, surety bonds, and prepayment of utility charges.

Ray

From: Sharla Frost
Sent: Monday, March 6, 2023 12:43 PM
To: Kay Robbins Wall
Cc: OAMA Luistserv
Subject: [Oama] Re: chapter 13 bankruptcy/ delinquent water bill

I have some bankruptcy experience in Chapter 11 context, but not Chapter 13. Without knowing the exact details, I would certainly file a proof of claim with the bankruptcy court. I would expect the court to classify the claim in the same category as the homeowner’s association dues, but the bankruptcy code may have a list of which claims fall where.

Sent from my iPad

On Mar 3, 2023, at 2:03 PM, Kay Robbins Wall lkrw@sbcglobal.net wrote:

A homeowner in one of my towns has filed a Chapter 13 Bankruptcy. The water accounts had been handled (mishandled) ? by a company for the past year or two, and the account is $4,000 in arrears.
I believe Chapter 13 is a reorganization by wage earner, with a five year plan to pay. I see a plan to pay the Mortgage and the Homeowners' association dues,
but nothing for the water department.
Can I have any success with the Chapter 13 pending? I am sure we are in the Unsecured category, but would homeowners' association dues not be unsecured also?
The home is for sale. Can my water department deny water to a subsequent home purchaser until $4,000 is paid? (Town has taken over the handling of the accounts, so this is an instance that will not be repeated.)

Anyone have any experience with this? Eastern District of Oklahoma.

Kay Wall
918.689.7737 office

Oama mailing list -- oama@lists.imla.org
To unsubscribe send an email to oama-leave@lists.imla.org

--
Oama mailing list -- oama@lists.imla.org
To unsubscribe send an email to oama-leave@lists.imla.org

A utility customer who files for bankruptcy receives protection from creditors, including utilities. Because filing for bankruptcy gives the customer what amounts to a fresh start, utilities must stop all collection activity on pre-filing account balances and delinquencies. In most cases, utilities must provide service as if the customer were signing up for the first time. Customers who enter bankruptcy must still pay for the service they use while in bankruptcy. Adequate Assurance of Payment – Utilities may request adequate assurance of payment from a customer who has filed for bankruptcy to ensure payment for utility service. If a utility requests adequate assurance of payment and the customer does not provide it, the utility may terminate service, but only after 20 days from filing for bankruptcy (30 days for Chapter 11 filings). Examples of adequate assurance include cash deposits, letters of credit, certificates of deposit, surety bonds, and prepayment of utility charges. Ray From: Sharla Frost Sent: Monday, March 6, 2023 12:43 PM To: Kay Robbins Wall Cc: OAMA Luistserv Subject: [Oama] Re: chapter 13 bankruptcy/ delinquent water bill I have some bankruptcy experience in Chapter 11 context, but not Chapter 13. Without knowing the exact details, I would certainly file a proof of claim with the bankruptcy court. I would expect the court to classify the claim in the same category as the homeowner’s association dues, but the bankruptcy code may have a list of which claims fall where. Sent from my iPad On Mar 3, 2023, at 2:03 PM, Kay Robbins Wall <lkrw@sbcglobal.net> wrote: A homeowner in one of my towns has filed a Chapter 13 Bankruptcy. The water accounts had been handled (mishandled) ? by a company for the past year or two, and the account is $4,000 in arrears. I believe Chapter 13 is a reorganization by wage earner, with a five year plan to pay. I see a plan to pay the Mortgage and the Homeowners' association dues, but nothing for the water department. Can I have any success with the Chapter 13 pending? I am sure we are in the Unsecured category, but would homeowners' association dues not be unsecured also? The home is for sale. Can my water department deny water to a subsequent home purchaser until $4,000 is paid? (Town has taken over the handling of the accounts, so this is an instance that will not be repeated.) Anyone have any experience with this? Eastern District of Oklahoma. Kay Wall 918.689.7737 office -- Oama mailing list -- oama@lists.imla.org To unsubscribe send an email to oama-leave@lists.imla.org -------------------------------------------------------------------------------- -- Oama mailing list -- oama@lists.imla.org To unsubscribe send an email to oama-leave@lists.imla.org