Does Bankruptcy Prevent Utility Shutoff?

/in , , , /by

When your financial situation is overwhelming, it can happen that you fall behind on your regular bills, like utility payments. Being threatened with having your power cut off is really disturbing, and it may prompt you to think about the different ways you can deal with your money troubles. One thing that undoubtedly comes to mind is bankruptcy. Bankruptcy is a way of eliminating unsecured debt, and back utility bills fall into that category. If you are overdue on utility bills and are in danger of a shutoff, filing for Chapter 7 or Chapter 13 bankruptcy creates a bankruptcy stay that prohibits this shutoff for gas and electric. There are specific steps you need to take, though, in order for the power to remain on.

How It Works

As soon as you file a petition to begin the bankruptcy process, your utilities cannot be shut off for 20 days. It’s best if you complete all the bankruptcy paperwork at the same time that you submit the petition, but if you can’t, then be sure to do it within 14 days. That 20 day utility shutoff prevention period gives you almost 3 weeks of breathing room, and the professionals at Burr Law will be there to help you strategize your next moves.

What Happens With Your Utilities

The utility company (WE Energies) will send you a deposit letter approximately 20 days after filing the bankruptcy petition. You are required to pay this deposit. This is really important! If you do not pay it, then the utility company will shut you off. You need to pay the deposit and pay your gas and electric bill on time and in full for the next twelve months. These are the bills for the monthly usage, not the past due amounts. At the end of that 12 month period, the utility company will refund your deposit with interest.

Past Due Amounts Eliminated

A Chapter 7 bankruptcy takes anywhere from 3 to 6 months and at the end of it, all your unsecured debts will be discharged. That means that any past due amounts you owe to your utility company will be completely discharged (along with credit card debt, medical debt, and other unsecured debts). So bankruptcy will definitely prevent your utilities from being cut off for 20 days, and it can provide you a way to get rid of the debt you owe entirely.

Should You File or Not

Filing for bankruptcy is a big decision and if your primary concern is your utility bills, it is likely that a less radical solution can be found. When you have mounting medical debt, credit card debt, and other obligations along with your utility bills, then bankruptcy may be your best option. You can always consult with the professionals at Burr Law to clarify your situation.

If you are worried about your utilities being shut off, or feeling overwhelmed with financial difficulties, contact the professionals at Burr Law. You don’t need to struggle through it alone. We’re here to help.

Worried About Utility Shutoff?

/in , /by

The moratorium stopping utilities from disconnecting power went into effect on March 24, 2020, but it is ending April 15, 2021. If you have utility bills that you have been unable to pay and cannot see how you will be able to pay them, then you are once again facing the possibility of a utility shutoff. There are a number of options that you can pursue to avoid this, including declaring bankruptcy.

Negotiate Agreement With Company

You can try to negotiate a payment plan with the utility company. Wisconsin Energy (WE) should be able to arrange a Deferred Payment Agreement with you. Wisconsin law requires them to offer you such an agreement if you can’t pay your bill in full. Of course, this means that you need to be able to adhere to the payment plan. That’s difficult if you’re out of work, or have other financial obligations demanding your attention.

Access Government Programs

The Wisconsin Home Energy Assistance Program (WHEAP) administers the federally funded Low Income Home Energy Assistance Program (LIHEAP) and Public Benefits Energy Assistance Program. The goal of WHEAP and its related services is to help Wisconsin households reduce their energy burden. Because of COVID-19, it is now available throughout the year. For more information on WHEAP, call 1-866-HEATWIS (432-8947).

Appeal to Charities and Nonprofits

There are a number of charities that you can turn to for help with your utility bills. Catholic Charities and the Salvation Army are good places to start. There’s also a nonprofit organization dedicated to this work called Keep Wisconsin Warm/Cool Fund (KWW/CF) that is available throughout the state to low-income households. Finally, there are a number of community partnerships that you could explore.

Bankruptcy

Filing for bankruptcy is a big decision and if your primary concern is your utility bills, it is likely that a less radical solution can be found. When you have mounting medical debt, credit card debt, and other obligations along with your utility bills, then bankruptcy may be your best option. You can always consult with the professionals at Burr Law to clarify your situation. As far as utility shutoffs are concerned, here are some facts and resources for you.

Bankruptcy Filing Has Immediate Effect

As soon as you file a petition to begin the bankruptcy process, your utilities cannot be shut off for 20 days. It’s best if you complete all the bankruptcy paperwork at the same time that you submit the petition, but if you can’t, then be sure to do it within 14 days. That 20 day utility shutoff prevention period gives you almost 3 weeks of breathing room, and the professionals at Burr Law will be there to help you strategize your next moves.

Your Utilities During Bankruptcy

The utility company (WE Energies) will send you a deposit letter approximately 20 days after filing the bankruptcy petition. You are required to pay this deposit. If you do not pay it, then the utility company will shut you off. You need to pay the deposit and pay your gas and electric bill on time and in full for the next twelve months. At the end of that 12-month period, the utility company will refund your deposit with interest.

Your Utilities And Bankruptcy Discharge

A Chapter 7 bankruptcy takes anywhere from 3 to 6 months and at the end of it, all your unsecured debts will be discharged. That means that any back money you owe to your utility company will be eliminated (along with credit card debt, for instance). So bankruptcy will definitely prevent your utilities from being cut off for 20 days; and it can provide you a way to get rid of the debt you owe.

For questions about utility shutoff or any other topic related to bankruptcy, contact the experienced bankruptcy attorneys of Burr Law Office today.

Gas Meter Utility Shutoff

Utility Shutoffs: Learning From Wisconsin Bankruptcy

/in , /by

It’s easy to take certain things for granted, especially when you’re preoccupied with your fight to stay ahead of debt. If you’re like many people, you might be completely unprepared for the harsher realities of life — like when your lights or heat get turned off.

Nobody should find themselves forced to go without life’s necessities, but the citizens of Wisconsin often end up in precisely such situations. Fortunately, you can file for protection, and with the right legal assistance, getting utilities after bankruptcy should be no sweat.

Bankruptcy’s Utility Advantages

Dealing with creditors often gets messy, and utilities are no exception. When the power company decides that it’s going to turn off your supply due to your nonpayment of bills, it can back you into a corner.

Filing for bankruptcy expands your options. By giving you an automatic stay that halts collections, it lets you make vital decisions without quite as much weight on your shoulders. It also offers other benefits, such as ensuring that your creditors have to go through official channels to get in touch with you — It’s much easier to negotiate with the help of a lawyer.

The protections that you receive by petitioning the court for bankruptcy don’t just exist in name. For instance, the power company is legally prohibited from turning off your electricity because you filed. They also have to give you more options for discharging what you already owe.

How Might Your Wisconsin Bankruptcy Play Out?

As countless debtors have discovered firsthand, bankruptcy cases have become regular features in the Wisconsin legal landscape. The good news is that these proceedings may shed some light on what to expect when filing and dealing with utility creditors.

For instance, the notorious Shopko bankruptcy case exemplifies the kind of back and forth that some filers face. In late May 2019, a judge threw out the company’s proposed plan to pay its debt. This development goes to show that even though bankruptcy is designed to protect the filing party, it still has to satisfy the needs of everyone else involved, including the creditors.

In all likelihood, your case will be more straightforward, but it ultimately depends on your legal team. For instance, getting utilities after bankruptcy might be harder if you fail to prove that your income falls within a range that qualifies you as a consumer experiencing a hardship situation that’s worthy of relief. Planning an argument and gathering the evidence to portray yourself in the right light is crucial to moving your case forward.

Bankruptcy may be a good option for anyone struggling to keep their lights or power on in Wisconsin. If you want to file successfully, however, you’ll need to toe the line — From meeting the filing deadlines to attending the required hearings, seeking bankruptcy takes work and a dedicated legal team.

Although getting utilities after bankruptcy is indeed possible, your experience depends on whether you can build the right legal foundation. Improve your filing odds by chatting with a member of Burr Law Office. Get a free bankruptcy evaluation, call (262) 827-0375 today.

bankruptcy and utility bills

Bankruptcy and Utility Bills: The Secret to Avoiding a Shutoff?

/in , /by

When you can’t access the basic things you need to survive, everything gets harder. Losing power is no exception, and when your utilities get shut off due to nonpayment, bouncing back may seem like an impossible trial.

If you live in Wisconsin, you have certain rights when your gas or electric service is about to be discontinued. While many people are familiar with the laws designed to prevent utilities from putting consumers through life-threatening situations, you may not realize that your ability to fight back goes even further.

What do bankruptcy and utility bills have to do with each other? Here’s how filing might make life easier and what to do next.

Understanding Your Legal Status and Rights

Wisconsin law imposes a moratorium on certain utility shutoffs during the coldest part of the year. From Nov. 1 to April 15, the state’s gas and electric providers aren’t allowed to disconnect people for things like having fallen behind on their bills. (Date is wrong on website)

Ideally, this law would protect all Wisconsin residents, but as with so many regulations, there are loopholes. For instance, the utility company doesn’t have to reconnect your power if it got turned off before the moratorium period began. This means that you’ll find yourself in a bind if a sudden cold snap catches you off guard.

Other options designed to assist you in tough times may not be as helpful as they seem. For instance, although the Wisconsin Home Energy Assistance Program offers emergency services, such as fuel aid and co-payment plans, these programs are limited. Due to the number of applicants, it may take time to get the ball rolling. Your income has to be at or below 60 percent of the median level for the state, and the program is only designed to pay for a portion of your heating. You might easily find yourself ineligible if you experienced sudden debt, such as after a medical emergency.

Bankruptcy May Be a Better Choice

When aid programs and consumer protection laws fail, where can you turn? In reality, bankruptcy and utility bills aren’t totally unrelated — Taking your case to court could keep your family and household safe in the face of extreme weather conditions.

Filing for bankruptcy does a few things. In addition to letting the court know that your financial situation has gotten out of control, it gives you instant protection. This automatic stay is a pause that lasts while your case is working through the system, and it temporarily stops creditors, utility companies and other parties from taking further action against you in pursuit of the money you owe them.

Taking this route also gives you more leeway to make good on your overdue bills. Your utility company will forward you a letter requesting a deposit about 20 days after you file, and if you pay it, life will continue as usual regardless of whether the court decides to award you bankruptcy protection. What’s more, you’ll get the deposit back — plus interest — if you keep paying on time during the next year. If you don’t pay the deposit, however, you’ll lose power or gas.

Exercise All of Your Options

While 20 days might not seem like much, the extra time can be a massive help. If you file with the help of a lawyer, you also increase your chances of winning protection, which will erase your previous debts and make it easier to get back on top of life. To find out more about dealing with this kind of emergency, Call (262) 827-0375 to get in touch with a Burr Law Office specialist.

electric meters

Fighting for Your Rights: Utility Shutoff Laws and Bankruptcy

/in , /by

Safe shelter and protection from the environment are more than convenient privileges: They’re fundamental necessities. Unfortunately, energy companies don’t always seem to view things this way. If you don’t pay, they’re more than willing to shut off the gas or electricity services that help your family survive.

If you live in Wisconsin, can filing for bankruptcy protect you from such dire outcomes? Here’s what you need to know.

Bankruptcy and Utility Shutoffs

Bankruptcy isn’t just for stopping collection agencies from hounding you. In addition to putting an automatic hold on collection activities, filing for Chapter 7 bankruptcy in Waukesha can help you keep the heat going and the lights on.

Timing is key to using bankruptcy to avoid a utility shutoff. Once you file, you have just 20 days to prove that you’ll pay your future bills.

Knowing Your Rights When Filing for Bankruptcy

The laws against turning off electricity during bankruptcy are part of federal law. According to 11 U.S. Code § 366, utilities aren’t allowed to treat you unfairly just because you filed. This law means they can’t alter your service terms, refuse to serve you or discontinue your existing service.

What Happens After 20 Days?

After the 20-day period ends, the utility can only refuse, discontinue or change your service if you haven’t given them proof of your payment ability. In most cases, this means forking over a cash deposit, prepayment, credit letter, deposit certificate or surety bond. Different utility companies have their own standards for what kinds of payment assurance they prefer.

It’s also worth noting that this payment is for your future service, not the overdue bills. In other words, filing for bankruptcy may help you clean the slate and move forward.

What Happens to Your Old Account Balance?

One nice aspect of the legal code is that it lets you discharge, or erase, your old bills. If you file successfully and convince the court that you deserve bankruptcy status, the judge may wipe out what you currently owe. Although you’ll still have to pay your upcoming bills, you might be able to escape the burdens of digging yourself out from under a mountain of debt.

Special State Rules

Wisconsin also has some applicable laws against turning off electricity that may affect your case. For instance, in Wisconsin utilities are prohibited from disconnecting service to non-paying customers between November 1 and April 15.

Wisconsin also maintains the same 20-day payment window rule for accounts in non-bankruptcy cases. In these situations, however, the clock starts ticking when you receive the bill.

Should You File for Bankruptcy?

The laws against turning off electricity apply to Chapter 7 and Chapter 13 bankruptcy proceedings. However, keeping the gas, water or power connected should never be your only reason for filing.

Seeking bankruptcy status is most powerful when it’s part of a complete debt-management strategy. The most effective filings help you keep your head above water by addressing all of your liabilities. In other words, it’s smartest to discuss your situation with a reputable, experienced legal adviser.

Connect with a lawyer who’s ready to fight tirelessly on your behalf. Get in touch with the Burr Law Office team to learn more. You can also contact a Milwaukee bankruptcy lawyer by texting (262) 720-8783.