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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 12-12-2004, 07:27 AM
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Chapter 7 and utilities


What is the name of your state? OH

Can filing chapter 7 stop shut-offs of utilities?
  #2  
Old 12-12-2004, 09:06 AM
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Yes, it should - at least temporarily.
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  #3  
Old 12-12-2004, 10:26 AM
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Do I call the utility companies and notify them? What do I need to do? Thanks!
  #4  
Old 12-12-2004, 10:38 AM
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If you haven't filed yet, telling them you are going to won't stop them as the automatic stay doesn't go into effect until you actually file. You can file an emergency petition tomorrow, but you would have to have all the rest filed in 15 days or the case would be dismissed.
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"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #5  
Old 12-12-2004, 10:50 AM
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Thanks.

I'm actually filing on Tuesday. Once I do this do i just call them and tell them or do I need an actual case number?
  #6  
Old 12-12-2004, 02:42 PM
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Before you do anything else, I suggest reading section 366 of the Bankruptcy Code. Then do some legal research to find out whether, in your judicial district, a utility company has to obtain relief from the automatic stay in order to shut you off or whether, instead, they can just do it if you don't provide whatever they demand in the way of adequate assurance under 366(b). Only an Ohio bankruptcy lawyer is qualified to give you the answer to that question, and the result may well be different for different kinds of utility because it may depend on the state utility regulations.
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