"I have yet to receive either a response or a phone call from Ms. Roberts, or from anyone else in public utilities dept.".

.
Mr. Neff,
I am contacting you again to ask for your assistance in resolving this issue with my utility services. After Ms. Roberts offered to “discuss the legal aspects” of this matter, I responded to her and reached out several times….in addition to providing her with the federal statute as well as the information provided to me from the bankruptcy court. I have yet to receive either a response or a phone call from her, or from anyone else in the public utilities department.
We are now well into the third day of this issue not being resolved, despite my attempts at communicating with whomever is responsible for handling this matter. I have to say….it’s more than a little disheartening. I have been a resident of Port Orange for over 20 years, and I’ve never witnessed such poor customer service and miscommunication surrounding what should be a rather simple issue. I do not know what the hold up is, or why no one has felt it necessary to respond to my numerous requests for information. If this were just a simple billing question or dispute, I would have no problem with extending my patience in order to allow for proper review by your department. However, my utility services are still disconnected at my home….in violation of a federal statute which protects me and essentially prevents that from happening under the law. As such, I believe that three days is more than enough to expect this matter to be handled. I am a single mother with two children who will be returning home from their father’s house in a few days, and they simply cannot come home to a house with no water.
Again, I am respectfully requesting that my water services be restored immediately, in accordance with the previously referenced provisions of section 366 of the Bankruptcy Code. If your department still has research and review to complete, that is fine….I’m more than happy to cooperate and provide whatever info they need. However, the City of Port Orange continues to be in violation of federal law each day that passes without restoration of my service. Therefore, I will expect the services to be reconnected by the end of the business day today. If my services are not immediately restored, I will understand that to mean that the City is refusing service to me and will have no choice but to seek an immediate injunction through the federal court, along with whatever other sanctions and relief the court deems proper.
I look forward to your confirmation of the restoration of my services.
Thank you,
Patti Bowes

 
Begin forwarded message:
From: PattiJBowes <pattijbowes@gmail.com> Date: September 3, 2015 at 9:59:06 AM EDT
To: “mroberts@port-orange.org” <mroberts@port-orange.org>, “rwilson@port-orange.org” <rwilson@port-orange.org>, “aneff@port-orange.org” <aneff@port-orange.org>
Subject: Fwd: Urgent Matter – Water Services
Ms. Roberts,
I have not yet heard from you, or anyone else in the utilities/customer service department regarding this matter….and continue to be without water services at my residence. I would appreciate the courtesy of a prompt response/update as to the resolution of this issue.
Thank you,
Patti Bowes

 
Begin forwarded message:
From: Patti Bowes <pattijbowes@gmail.com> Date: September 2, 2015 at 5:47:49 PM EDT
To: “Roberts, Margaret” <mroberts@port-orange.org>
Cc: “Wilson, Rick” <rwilson@port-orange.org>, “LaLancette, Kristin” <klalancette@port-orange.org>
Subject: Re: Urgent Matter – Water Services
Ms. Roberts,
For your reference, a copy of the Federal Statute is attached….
Patti Bowes

 
On Wed, Sep 2, 2015 at 5:43 PM, Patti Bowes <pattijbowes@gmail.com> wrote:
Ms. Roberts,
As I am not represented by counsel, you may contact me directly to discuss this matter. I can be reached at 386-405-9561.
To your statement, I was advised by the bankruptcy court that, pursuant to the statute under the Bankruptcy Code (11 USC section 366(b)), a utility may only alter, refuse or disconnect service if adequate assurance is not received within 20 days of the petition date. It does not matter whether it is a current account, or a request for new service. In addition, part of the issue of why my account was terminated to begin with was the continued stay violations on my prior account that resulted in my being billed for pre-petition debt. I’d be happy to forward you all of thee communications between myself and Tracey Riehm regarding that matter as well.
I look forward to hearing from you.
Thank you,
Patti Bowes

 
On Wed, Sep 2, 2015 at 5:36 PM, Roberts, Margaret <mroberts@port-orange.org> wrote:
It is my understanding that the request is for utility service on a new account. A previous account for Ms. Bowes was closed and service was discontinued on August 4, 2015 prior to filing bankruptcy on August 31, 2015. The account service is being requested today (post-bankruptcy) and requires a deposit. A person in bankruptcy is required to make payment for new account charges incurred after filing bankruptcy. It appears that the twenty day requirement does not apply in this case, however, I am willing to discuss the legal aspects with Ms. Bowes attorney. The twenty day requirement applies to charges incurred on an active utility account for services rendered prior to filing bankruptcy. The city is not requesting payment on any charges incurred prior to filing bankruptcy.
Margaret T. Roberts, City Attorney
City of Port Orange
1000 City Center Circle
Port Orange, Florida 32129
Phone 386 506-5525
Fax 386 506-5530
mroberts@port-orange.org
www.port-orange.org

 
From: Patti Bowes [mailto:pattijbowes@gmail.com]
Sent: Wednesday, September 02, 2015 5:21 PM
To: Wilson, Rick
Cc: LaLancette, Kristin; Roberts, Margaret
Subject: Re: Urgent Matter – Water Services
Mr. Wilson,
I’m curious as to how you have determined I no longer have an account with the City of Port Orange? This information was just found on the customer service website. It states that the account was terminated for non-payment. Pursuant to the referenced provisions of the bankruptcy code in the letter I sent, a utility company may not refuse services for non payment of pre-petition debt. Additionally, the bankruptcy code dictates that a utility company may only refuse or alter service if a deposit or other adequate assurance of payment is not received within 20 days after the filing of the petition….which would be 9/20.
Please advise….
Thank you,
Patti Bowes

 
On Wed, Sep 2, 2015 at 5:06 PM, Wilson, Rick <rwilson@port-orange.org> wrote:
Ms. Bowes you no longer have an account with City of Port Orange. We are going to need a copy of your current lease and a new deposit of $255.
Thank You
Rick Wilson
Assistant Public Utilities Director
 

 
From: Patti Bowes [mailto:pattijbowes@gmail.com]
Sent: Wednesday, September 02, 2015 3:54 PM
To: Wilson, Rick
Subject: Urgent Matter – Water Services
Mr. Wilson,
Please see the attached letter that was sent to the City of Port Orange Public Utlities – Customer Service Department, as well as the attached Notice of Commencement of Case from the US BK Court.
I have been unsuccessful in resolving this matter, and am asking for your assistance in instructing the customer service department as to the proper procedure for bankruptcy cases in order to ensure that they are complying with the law regarding my account.
Please let me know if there is anything you need from me to get this resolved immediately.
Thank you,
Patti Borden-Bowes

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