Can my utilities be cut off? | Local Bankruptcy Attorneys

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Can my utilities be cut off?

The Bankruptcy Code gives debtors specific protection from a cut-off of service by a public utility. Gas, electric, phone, and similar utility companies are generally monopoly businesses in a given area and the law recognizes that comparable services from competitor companies are not usually available. Therefore, a utility is prohibited from altering, refusing, or discontinuing service to, or discriminating against, a debtor solely on the basis of the filing of a bankruptcy or the nonpayment of a bill that is dischargeable in the bankruptcy.

A utility company may, however, require deposits or other security for future services after a bankruptcy is filed. If the debtor does not provide the required security, the utility may alter, refuse, or discontinue service. When necessary, the court can order a reasonable modification of the security requested by the utility.

You may be able to discharge past due amounts, but you must pay current charges for utilities after your bankruptcy petition is filed. There is nothing to prevent a utility company from discontinuing service if you fail to make payments for service provided after the bankruptcy is filed.