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  1. #1

    Default Gas Company Sent Bill from House That Was Surrendered to Trustee in 2008

    My question involves bankruptcy in the state of: Michigan

    I recently received a collection letter from NCO Financial Systems Inc. regarding an account with Consumers Energy. I called to get information and was told that the bill was related to a property which I surrendered to the Trustee during my Chapter 7 BK. They told me to call Consumers Energy, so I did.

    The specific gas account in question was actually listed on the court documents to be discharged. When I explained this, the person in the BK department at Consumers said that they simply create a new bill after the BK and continue to bill for gas. I explained that I no longer owned the property after my discharge and that the account was also discharged in BK, but the person was not helpful and did not want to answer any questions. She even refused to provide an address to which I could sent legal documents and would not transfer me to a supervisor. She claimed that they were not notified that I wanted the service to be removed from my name. I don't recall the service actually being in my name, as the property was a rental and I never received a bill until recently. And even if I did have the service in my name, how can they claim that I wanted to keep the service when they received BK documents from the court and the house was no longer in my name?

    I am very interested in pursuing this matter in court, if necessary, and I want to know what my options are. I can't afford to hire a lawyer, but am willing to take whatever steps are necessary in order to stop collections. On that note, I have two questions: Should I send a cease and desist letter? Is there a legal remedy available, such as going to court to have a judge settle the matter?

  2. #2
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    Default Re: Gas Company Sent Bill from House That Was Surrendered to Trustee in 2008

    If the service wasn't in your name, why would it have been included in your bk?

    Getting rid of the house wouldn't have gotten rid of the service until/unless you actually canceled the service. You're not liable for the amount up to and including the discharge, but if you didn't cancel the service, they're likely entitled to collect on the service provided after that date.

  3. #3
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    Default Re: Gas Company Sent Bill from House That Was Surrendered to Trustee in 2008

    Sending a creditor a notice that you wish to discharge money owed to them as of the date of filing is not the same thing as a request for the cancellation of service. There are many services for which somebody might owe arrears, and seek to have those arrears discharged, but not want the service itself to be shut off. If you were still living in the home, you would have wanted gas service to continue despite your bankruptcy. They're not psychic - if you chose not tell them that you moved, and you chose not to tell them that your name was off the title, how would you expect them to know?

    If part of the bill was discharged in bankruptcy, you shouldn't be pursued for that amount. But post-bankruptcy debts, as well as debts that are not discharged by the final order, can be pursued by the creditor.

  4. #4

    Default Re: Gas Company Sent Bill from House That Was Surrendered to Trustee in 2008

    I've never lived in the home. I would have thought that they would cancel any service I had after the discharge of the property. Last time I checked before the BK, the bill was in a tenant's name. The service was in my name initially. I never agreed to have the service on in my name after that time.

  5. #5
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    Default Re: Gas Company Sent Bill from House That Was Surrendered to Trustee in 2008

    I'm not sure why you'd think that.

    They'll provide service until someone cancels service. Did the tenant leave? (That would generally involve service reverting back to you whether you specifically agree or not).

    It truly looks - so far - like you're on the hook, and they can legally collect from you. You've checked recently though, yes? And made sure that your name is off the account?

  6. #6

    Default Re: Gas Company Sent Bill from House That Was Surrendered to Trustee in 2008

    I don't know if or when the tenants left. How is it that they can "revert" the service to me after I don't own the property? I didn't see that in any of the documents or bills they ever sent to me. Is there any established law governing this? Don't we have to have an actual contract in order for them to bill me?

  7. #7
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    Default Re: Gas Company Sent Bill from House That Was Surrendered to Trustee in 2008

    How do you not know when or if the tenant left?

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