Utility co. Harassment

[Dana P]

What is the name of your state? OH

Hi,
I recently filed a chapter 13 bankruptcy. My water was scheduled for disconnection 2 days before I filed, so I sent the water company a note that stated that I had retained an attorney to file bankruptcy and that all questions should be directed to my attorney in hopes that they would leave my water on. The day that the water company received the letter they disconnected me, which was a Friday. I filed an emergency petition on Saturday. My lawyer contacted the water company Monday morning and the water company told her that they were not going to turn my water back on because either my husband or I had tampered with the water meter and have been receiving free water for the last 2 months and that they would be pressing charges later that day. They said that they had turned my water off on 9-26-03 (which is the regular meter reading day) and that they couldn't figure out why we hadn't called them to have our water turned back on, so on 10-26 they did another meter reading which showed that there was water usage. They said that they did another reading on 11-11-03 and that there was usage for that month also., I was scheduled for disconnect on 11-12-13. My question is, I have all the bills and I have the november shut off notice, so how can they refuse to turn my water back on when they are lying about turning my water off in September? They are also lying about someone tampering with the meter since I have bills from them for the months that they say that we received free water. Is there anything I can do about this? Can I sue them for defamation of character, since they are accusing me and threatening to file charges on me for something that obviously never happened? Can they get in trouble from the bankruptcy court for not turning my water back on after the stay went into effect since I can show proof that they are lying? Any help woul be appreciated.
Thanks

 

[stephenk]

your attorney told you that you can continue to receive free water from the city/county if you file Chapter 13?

Other than sending them a letter, did your attorney ever serve the Chapter 13 petition on the utility company? Is the utility company listed as a creditor?

 

[Dana P]

I wasn't receiving free water. I was being billed for my water usage.

The water company refused to turn my water back on when my attorney called them to inform them of the filing of my Chapter 13, and yes they were listed in my chapter 13 because of a past due balance.

They refused to turn my water back on because they said that we had been disconnected several months before and we somehow managed to turn our water back on ourselves and that we were receiving stolen water for the last 2 months. This was a blatent lie. I have the bills for the 2 months that they are claiming that I was disconnected.

I live in a really small town and the lady that handles the water was mad because I filed the chapter 13.

My question was, is there anything I can do about the lie that she told my lawyers? She refused to comply to turn my water back on and the basis for her not complying was an outright lie. She threatened to press charges on me.

I had to go through a lot of grief and we had to get the town solicitor and the mayor to help me. My lawyer had to take them my bills to prove that she was lying. They made her turn my water back on late today but I went without water for several days after filing the chapter 13 because of her lies.

 

[stephenk]

"My question was, is there anything I can do about the lie that she told my lawyers? "

no.

 

[gottaask]

In most (all?) cases

utilities can NOT be included in a bankruptcy.

Good luck to you.

 

[Ladynred]

That's not true ! If you're behind with a utility, the delinquent amount most certainly can be included in a bankruptcy. Its just another unsecured debt.

However, that does not prevent the utility, who is merely a service provider after all, from refusing you service if the arrearage is not paid.

 

[porcelina68]

Yes, past due utility balances CAN be included on a Chapter 13 bankruptcy, and YES, you can do something about the water company. Show the bills to your attorney, and tell him your story. He can advise you.

 

[gottaask]

oh wow! my apologies!

My ex husband filed a ch. 13 a few years ago in CA.

The attorney that assisted him needs to go back to 'law 101'! He led him to believe that utilities could NOT be included! I remember this in particular because my ex had a HUGE electric bill and wanted to include it in the filing, but the twit of an atty said it wasn't admissable.

Damn.

Again, my apologies!

 

[Ladynred]

No problem

Not all lawyers are up to par and many people have been misinformed on such things.

Ch 7 allows you to discharge arrearages as well. But, like I said, if you want service from that same utility, they can refuse to provide service until you pay the past debt.

 

[gottaask]

Ladynred

I noticed you're from Tennessee. My ex-husband is a native Alabamian.

We lived back there for quite a few years, (most of the '80's.) right outside of Huntsville. A wide spot in the road, "Hazel Green, AL."

They had the greatest names for roads. "Butter'n Egg Road", "Lickskillet", "Bobo Section". lol!

How's the weather right now? I L-O-V-E-D the south! There are times I still play with the idea of moving back. . .