Delinquent Utilities and Disconnection Under New Bankruptcy Provision

By Cathy Moran, Esq. (Redwood City, CA)

Bankruptcy debtors with delinquent utility bills got a measure of protection from interruption in their service under an amendment to the Bankruptcy Code in the omnibus spending bill enacted December 27,2020.

Individual debtors cannot have their utilities disconnected as long as they make some payment for service provided promptly after the commencement of the case.

The newly created subsection (d) in 11 . . .

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Bankruptcy Courts Grapple with the “COVID-19 Discharge” – Appendix A

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For a system that is supposed to rehabilitate personal finances and set debtors back on their feet, Chapter 13 nationwide is schizophrenic about on- going retirement savings, divided about whether post petition contributions to retirement accounts preclude confirmation of a Chapter 13 plan. Too many courts, in my opinion, come down barring voluntary provisions for old age for the 5...

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Dan grew up in Spokane, Washington, and graduated from Gonzaga University in 1966 with a BA in political science. After finishing his undergraduate degree, Dan entered active duty in the United States Army. He was stationed in Korea from 1967 to 1968 where he commanded a HAWK missile battery. Dan retired from the United States Army in 1994 with the...

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