Do I have to continue paying for sewer service on a home after bankruptcy? - Bankruptcy Law Questions and Answers- LawQA.com

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Do I have to continue paying for sewer service on a home after bankruptcy?

I filed a bankruptcy for my condo and it was discharged in August. I am moving out of state in February and the Country says I will need to continue paying sewer service on it until it is foreclosed. Is that correct? If it is lost in Bankruptcy, why would I still be responsible?

Answer By Harry L Styron
Law Office of Harry L Styron
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The only debts that are discharged are those that existed at the time the Petition was filed and were listed on the Petition. Debts that you incur after the filing of the Petition are your responsibility.

Answer Applies to: California
Replied: 1/20/2011

Christopher Legal Group
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Are you still living in the property? If you, then you should pay for the services that were provided after your filing date, even if you surrendered the property. If the property is vacant, then you should be able to get the various utilities turned off, however, each locale may have different local ordinances.

Answer Applies to: Nevada
Replied: 1/19/2011

William C. Gosnell, Attorney at Law
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No, you do not have to keep paying.

Answer Applies to: Tennessee
Replied: 1/19/2011

Carballo Law Offices
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Assuming that you filed a Chapter 7 case which is a reasonable assumption since you got a discharge fast then you do owe the sewer services after you filed. The debts discharged were those you had before you filed for bankruptcy. Assuming that you did list the County Sewer Department as a creditor then you do not owe the charges before you filed the bankruptcy case. Since you probably had a "no asset" Chapter 7 case (as the vast majority of such cases) you might not owe the charges before you filed even if you forgot to name Sewer Department of the County as a creditor and gave the County notice of the filing. Most likely you did not give the County notice of the bankruptcy since the services were not turned off. However, you are stuck with the charges after the date of filing the bankruptcy case. In some cities or counties that sewer charges will become a lien on the property and bank will pay the sewer fees before or after the foreclosure since the bank wants the property without liens so that it can sell property. If the sewer charges are not a lien that is paid by the bank or the buyer of the property then the County can sue you for the outstanding charges after the date of the bankruptcy filing.

Answer Applies to: California
Replied: 1/18/2011

Answer By Janet Lawson
Janet A. Lawson Bankruptcy Attorney
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Because it was not "lost" in bankruptcy. If you still own it post petition you are responsible for the HOA fees and the county fees until it is foreclosed by the lender. It is a myth that filing bankruptcy takes you off the title.

Answer Applies to: California
Replied: 1/18/2011

Answer By Gus Johnson
Gus Johnson Attorney at Law
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You are responsible for debts incurred after the date of filing.

Answer Applies to: South Dakota
Replied: 1/18/2011

Answer By Dawn DiManna
DiManna Law Office, LLC.
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The bankruptcy law states that HOA's are still your responsibility during and after a Bankruptcy until the property is actually foreclosed.

Answer Applies to: New Hampshire
Replied: 1/18/2011

Law Office of Raymond J. Dague, PLLC
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I think you can stop paying, provided you scheduled that creditor, and listed them in your schedules as an executory contract. If you did not do that you can amend your schedules to do that.

Answer Applies to: New York
Replied: 1/18/2011

Answer By Mark Markus
The Law Office of Mark J. Markus
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You still own the property so you are still responsible for ongoing expenses that are incurred after your bankruptcy case was filed. You need to find a way to sell or have the lenders foreclose on the property.

Answer Applies to: California
Replied: 1/18/2011

Answer By Diana K. Zilko
Diana K. Zilko, Attorney at Law
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It would seem that past sewer charges would be discharged, but not ones currently being incurred while you continue to remain at the residence. Bankruptcy does not discharge a debt that has not been incurred yet, like ongoing utilities.

Answer Applies to: California
Replied: 1/18/2011

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