I have outstanding balances with my electric and gas companies, I am on their payment plans to pay down the balances little by little... They are both over $1000 behind, can I add them and still use their service going forward or am I going to have to switch suppliers? My bankruptcy closes Thursday, will I still be able to amend my petition to add them?
You are able to include past due utilities but you will probably have to come up with a cash deposit equivalent to 2 months usage.
I would agree with the other answer and just add that, when you fill out your schedules, you are required to list all of your creditors regardless of your intentions if past-due payments are owed. The affect of that, in my experience with utilities, is that they close the account, start a new one and require a deposit. You ought to talk to a local attorney about whether or not an amendment is needed to add omitted creditors.
You are free to add creditors to your case if they were not previously listed although, in general, you usually should list all of them at the outset of the case. Adding them later may allow them more time to object to dischargeability of their debts but you can and should do it, if you discover they were not previously listed. As the other lawyers have noted, you can discharge utility service based on the date you filed. You may have to pay a security deposit to the utility to keep the service but it will probably be less than what you owe currently.
Answers on Avvo are not to be considered a response to a specific legal issue in a specific jurisdiction - they are to be considered only general responses to hypothetical scenarios posed by the questioner. For specific legal advice, please consult with a licensed attorney in your jurisdiction. No information contained herein should be construed as a solicitation for business, an offer to perform legal services in any jurisdiction in which the attorneys of Moldovan Law Firm, PLLC are not licensed, or the dissemination of legal advice. No creation of an attorney-client relationship should be assumed or implied.
You can add, and you should have added, any debt that existed as of the date of the bankruptcy. The utilities are entitled to a security deposit for future payments, so cash flow wise, you may hurt yourself. Nevertheless, the law requires that you add those creditors. If you are talking about debts that arose after the date the bankruptcy was filed, you cannot add them, and you will have to pay them.
Applies to Colorado Bankruptcies: You must list all creditors in your bankruptcy including past due balances on utilities. You should amend your bankruptcy schedules to add the omitted creditors. Those balances will then be discharged in your bankruptcy. The utility will require a 2 mos. deposit within 20 days or they will shut off your service.
Since your question is not totally clear - Was it a chapter 7? How do you know it will close Thursday? - I will add that any debts that you owed on or before the date you filed your bankruptcy should be listed in the bankruptcy schedules. If these debts arose after you filed, they are not covered by the bankruptcy discharge and you likely will have to pay the amounts that became due after the case was filed. If these are debts that arose before you filed and you did not list them in the schedules, you probably should amend the petition to amend them.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline