Do I have to continue paying for sewer service on a home after bankruptcy? 10 Answers as of January 20, 2011

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?

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Law Office of Harry L Styron
Law Office of Harry L Styron | Harry L Styron
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
Christopher Legal Group | Shawn Christopher
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
William C. Gosnell, Attorney at Law | William C. Gosnell
No, you do not have to keep paying.
Answer Applies to: Tennessee
Replied: 1/19/2011
Carballo Law Offices
Carballo Law Offices | Tony E. Carballo
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
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
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
    Gus Johnson Attorney at Law
    Gus Johnson Attorney at Law | Gus Johnson
    You are responsible for debts incurred after the date of filing.
    Answer Applies to: South Dakota
    Replied: 1/18/2011
    DiManna Law Office, LLC.
    DiManna Law Office, LLC. | Dawn DiManna
    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
    Law Office of Raymond J. Dague, PLLC | Raymond J. Dague
    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
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    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
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    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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