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RELEVANT LINKS: League of Minnesota Cities Information Memo: 6/22/2016 Securing Payment of Utility Charges Page 20 See, Section XV, Bankruptcy proceedings. Once a consumer has filed for bankruptcy, a municipal utility cannot shut off the service to collect or recover a claim against the debtor that arose before the beginning of the bankruptcy case. After 20 days, a bankruptcy court may let a city shut off utility service if the consumer does not provide adequate assurance of payment. A municipal utility may not try to certify previously unpaid charges once a consumer files for bankruptcy. Minn. Stat. § 216B.0975. A municipal utility may not disconnect residential services in counties where the National Weather Service has issued an excessive heat watch, heat advisory, or excessive heat warning and those warnings or watches are in effect. C. Due process Freeman v. Hayek, 635 F. Supp. 178 (D. Minn. 1986). Smith v. City of Owatonna, 450 N.W.2d 309 (Minn. 1990). Minnesota law now recognizes consumers of utility services are entitled to the benefit of continued utility service. This does not mean service cannot be shut off for nonpayment or delinquent bills certified to be collected with taxes; it does mean consumers must first be given notice of the pending action and a chance to protest it. Due process is a two-step course of action. 1. Notice – and how to disagree Memphis Light, Gas and Water Division, et al., v. Craft, 436 U.S. 1 (U.S. 1978). First, a reasonable time before the shut-off or certification is scheduled to occur, the utility must give a consumer information or notice about the pending action, and, in the same notice, a consumer’s right to protest it. See LMC sample water shut-off notice. See LMC sample notice sent before certifying unpaid charges to taxes. The notice must clearly explain the process a customer can use to dispute a bill, shut-off or certification, who to contact at specific phone numbers and times, and how to object to the pending shut-off or certification. Some cities send notice of pending city action by first class mail to the person’s last known address. (There is a legal presumption that any item sent first class is received in three days. Because certified mail is more expensive and the recipient may refuse to accept it, first class mail is preferable to certified mail). If there is no response, a red tag with all the pertinent information is tied to the front door of the property as a warning of utility shut-off. 2. Opportunity to discuss Second, due process requires that a municipal utility provide a consumer with an opportunity to discuss the situation with the city council or a person representing the city utility who has the authority to either correct a charge or otherwise resolve the problem of non-payment.