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How can Chapter 7 and Chapter 13 bankruptcy help in stopping a shut off?
Bankruptcy can offer immediate relief if you're facing a utilities shut off, whether it's during winter or any other time of the year. In order to prevent a shut off and file for bankruptcy, you may need to file an emergency petition, which allows you to start the process and halt the utility shut off proceedings. However, it is crucial to complete the remaining forms within 14 days to ensure the viability of your bankruptcy case. Failure to do so could result in the dismissal of your case by the bankruptcy court.
Moreover, filing for Chapter 13 bankruptcy can also be instrumental in stopping a shut off. Once you have filed for bankruptcy, utility companies are legally prohibited from attempting to collect any outstanding bills, be it through mailed statements, phone calls, or even lawsuits. It is important to note, though, that filing for bankruptcy only protects you from previous debts, and you are still responsible for paying new utility bills after the bankruptcy filing.
Contrary to bankruptcy, a Chapter 128 non-bankruptcy does not provide the same relief in preventing a shut off.
Chapter 7 bankruptcy offers immediate relief for individuals facing a utility shut off, whether it's during the winter or any other time of the year. In such cases, filing an emergency petition can help prevent the utility shut off process. This petition allows you to initiate the bankruptcy process and halt the utility shut off, with the option to complete the remaining forms within 14 days. However, it's crucial to file the remaining forms within this timeframe to avoid the risk of the bankruptcy court dismissing your case.
Once you have successfully filed for bankruptcy, the utility companies are prohibited from attempting to collect any past due bills through mailed statements, phone calls, or lawsuits. This protection provides individuals with a much-needed respite from the burden of overdue utility bills. It's important to note that filing for bankruptcy only shields you from previous debts, and you will still be responsible for paying new utility bills that arise after the filing.
Alternatively, a Chapter 13 bankruptcy presents a broader range of benefits for the right situation in addition to stopping utility shut-offs. It allows individuals to catch up on missed mortgage or car payments through a repayment plan, effectively preventing foreclosure or repossession. This chapter also provides the opportunity to safeguard valuable assets that may be at risk in a Chapter 7 bankruptcy. Moreover, the structured nature of the Chapter 13 repayment plan instills financial discipline by requiring regular monthly payments over an extended period. This promotes responsible financial management and cultivates good financial habits for future stability.
What are the requirements for utilities during the winter heating moratorium?
In Wisconsin, a winter utility shut off is banned between November 1st and March 31st. Utilities banned from disconnection include water, electricity, sewer, gas, and phone. Electricity and natural gas, in particular, cannot be turned off between November 1st and April 15th. This means that customers who are behind on their bills during this moratorium period are protected from having their heat-providing service disconnected.
However, it is important to note that while utilities are prohibited from disconnecting customers during the winter heating moratorium, consumers who have already been disconnected must still make arrangements to pay their outstanding bills in order to have their service restored. Wisconsin law requires utilities to make an effort to contact these disconnected consumers and attempt to get them reconnected. However, it is essential to understand that utilities are not obligated to reconnect service until payment arrangements have been made.
Outside of the designated winter months span, utility shut-offs can still be prevented if the temperature falls below 32 degrees Fahrenheit or is predicted to do so. In such cases, utility companies are not allowed to disconnect your service for 24 hours or until the temperature rises above 32 degrees Fahrenheit.
To summarize, during the winter heating moratorium period, utilities in Wisconsin are prohibited from disconnecting customers who are behind on their bills, specifically including electricity and natural gas. However, customers who have already been disconnected must make payment arrangements to restore their service. Furthermore, outside of the moratorium period, utility shut-offs can be prevented if the temperature falls below 32 degrees Fahrenheit.
However, if you have significant debt (such as medical bills or credit card bills ), as well as overdue utility bills you may want to consider filing for Chapter 7 bankruptcy.
When does the moratorium for disconnecting customers begin and end?
In Wisconsin, a winter utility shut off is banned between November 1st and March 31st. This means that customers who are behind on their bills during this period cannot be disconnected by the utilities. It is important for consumers who have been disconnected to contact their local utility before the start of the winter heating moratorium, which begins on November 1st and ends on April 15th. By doing so, they can make necessary arrangements to have their service reconnected. During this moratorium, customers can have peace of mind knowing that they will not face disconnection even if they are behind on their bills. It is crucial for consumers to take advantage of this protection and communicate with their utility to ensure uninterrupted service during the winter months.
To prevent a utility company such as We Energies from disconnecting your power due to overdue utility bills, you have the option of filing for Chapter 7 or Chapter 13 bankruptcy. By doing so, you will be granted a bankruptcy stay that prohibits the utility company from carrying out a shut off for gas and electric services. Filing for bankruptcy can offer immediate relief if you’re facing a utilities shut off (in winter or any other time of the year). If you file bankruptcy in part to prevent utility shut off, you may need to file an emergency petition.
What is a bankruptcy stay and how does it prohibit utility shutoff?
A bankruptcy stay is a legal safeguard that prevents certain actions, such as utility shutoff, when an individual files for Chapter 7 or Chapter 13 bankruptcy IMMEDIATELY. Specifically, if you are behind on your utility bills and facing the possibility of having your gas and electric services disconnected, filing for bankruptcy triggers a bankruptcy stay. This stay prohibits the utility company (such as WE Energies) from proceeding with the shut-off. If you are already turned off, they are required to turn you back on.
Once you receive your bankruptcy discharge, any outstanding or overdue amounts on your gas and electric bills at the time of filing for bankruptcy will be eliminated or "wiped out." This means that you will no longer be responsible for those past due amounts, providing you with a fresh start financially.
You will need to make sure that unpaid utility bills are listed within your bankruptcy debts. Then, the bankruptcy court will inform the utility company of your bankruptcy filing to help ensure that your services are not shut off .
Once you have filed bankruptcy, the utility companies cannot try to collect any past due bills – either by mailed statements, phone calls or filing lawsuits. However, you will have to pay new utility bills after filing for bankruptcy, as filing for bankruptcy only protects you from previous debts.
Typically. if your bankruptcy case moves forward without issue, your overdue utility bills can be paid by the bankruptcy trustee or be discharged by the bankruptcy court.
If you choose not to file for bankruptcy there are a few other protective plans in place.
Aside from the utility shut-off ban designated during the specified winter months, utility shut-offs can still be prevented if the temperature falls below 32 degrees F or is predicted to. If this happens outside of the designated winter months span, utility companies cannot disconnect your service for 24 hours or until the temperature is warmer than 32 degrees F.
However, if your utilities have been turned off prior to Nov 1st and no payment arrangement has been made , Wisconsin utility companies are not required to restore service that was already turned off for nonpayment. If this happens, you may qualify for the Wisconsin Winter Protection Plan.
This plan protects senior citizens and low-income customers from having their utilities from being shut off. It also protects these eligible customers from high utility bill payments during winter.
If you qualify for Wisconsin’s Winter Protection Plan you must pay at least 7% of your estimated annual bill each month and 1/12 of any past due bills.
When the protection plan ends on March 31st you must pay the full monthly amount moving forward, plus a portion of the amount you built up during the winter months.
If you feel like you’re drowning in debt and are worried about keeping your utilities on and paying past due and future bills, Credit Solutions can help.
Our bankruptcy lawyers specialize in Chapter 7, Chapter 13 and Chapter 128 (a bankruptcy alternative for Wisconsin residents).
Every day, we help people find the best solution for their debt problems – whether that’s filing for bankruptcy or a different solution.
We are an experienced bankruptcy law firm with extremely talented and compassionate lawyers who know how to navigate all of the ins and outs of bankruptcy.
Set-up your FREE debt consultation now to find out what solutions are available for you.
Take the first step towards a brighter financial future; contact Credit Solutions today and discuss your needs with a bankruptcy lawyer today.
Address: 626 E Wisconsin Ave, Suite 1000
Milwaukee, WI 53202
Email: arnoldlueders@gmail.com
Phone: 414-272-0077