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Can Ch.13 Protect Me from Water Shut Off/Help Avoid Liens on Already-Discharged Debts

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  • 05-05-2009, 03:44 PM
    jnlwriter
    Can Ch.13 Protect Me from Water Shut Off/Help Avoid Liens on Already-Discharged Debts
    My question involves bankruptcy in the state of: Connecticut
    I asked about this case before, but did not provide enough info. to get any kind of answer, only questions in response. :) So here I go.... Thank you in advance!

    We successfully filed Chapter 7 on our own in Bridgeport, CT. It was a *no asset* case, no liquidation, etc. We even got our fees waived because we're in bad shape at the moment.

    While our case was pending, we received some medical bills for services dating way back to months before we filed bankruptcy, so in other words, these debts were not listed on the original schedules.

    In addition, we filed motions to avoid liens due to infringement on our homestead exemption. However, we did these incorrectly, so they were rejected. ** The debts related to the liens WERE discharged, however, in CT one must separately file to have actual liens removed. **

    Also, although we listed our local-town-municipal water bill in our Ch. 7 case, town utilities seem to not be dischargeable (are in the category of "town taxes" apparently), and the town is threatening to turn our water off Friday without payment in full. Non negotiable, no exceptions. We can't pay the entire $1500 right now, and they are unwilling to negotiate.

    While we were preparing amendments to the Schedule 7 (adding bills we hadn't received earlier and refiling the motions), we suddenly received a discharge notice.

    So, now... we are wondering which step will protect us more.....

    I. Filing to reopen our Ch. 7 case, submitting the amendments, and filing a motion to discharge the utility debt due to hardship, then refiling motions to avoid liens and filing to discharge a student loan debt, also due to hardship....

    OR

    II. Sending amendments to the now-discharged Ch. 7 case (because it was no asset anyway, and creditors can still dispute at this early date), then Filing Ch. 13, proposing a payment plan for the student loan and utility bill, and then filing the motions to remove liens.

    ***Can we file motions to remove liens in a ch. 13 case, when the debts behind those liens were discharged in a ch. 7 case already? ***

    ***Will Ch. 13 prevent our water from being turned off, and TERI from proceeding with collections?***

    ***If the court rejects our Ch. 7 amendments and we already have filed Ch. 13, I assume we can close the 13, pay off the utility at that point, and *then* file to reopen the ch. 7 to file the amendments?***

    It doesn't matter whether Ch. 13 is overkill or not. What matters is that we keep our water on, that we get the ch. 7 case amended, and that TERI (gov. school lender) doesn't sue us out of the blue someday soon. We have only a couple of days to file one way or the other, and we can't afford to pay the entire water bill OR to hire an attorney, so please, we understand that you can't give actual legal advice, but we're going to have to make a decision either way, so ANY information you can give that would help us decide would be much appreciated!

    THANK YOU!
  • 05-07-2009, 08:01 PM
    Mr. Knowitall
    Re: Can Ch.13 Protect Me from Water Shut Off/Help Avoid Liens on Already-Discharged D
    Don't you have a lawyer advising you? With all of the complications in your case, and your thoughts of pursuing a Chapter 13 bankruptcy, it's well past time to consult a lawyer.
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