In a Chapter 7 case, the Debtor filed a motion seeking to “set a fair and reasonable deposit for water in the City of Lynchburg,” to enjoin “any further collection for any and all past due amounts,” and to enjoin “any disconnection of services.” At the hearing on the motion, the Court determined that the City made no effort to collect any pre-petition debt, that the Debtor owed the City less than $10.00 for post-petition water services, that the City had no intention of collecting a deposit from the Debtor unless the Debtor became significantly delinquent in the future.
The Court denied the motion, holding that, because the City did not intend to collect a deposit at the time, there was no need to set a deposit amount. Further, because the automatic stay of § 362(a) remained in effect, and because the discharge injunction under § 524(c)(2) was to take effect upon expiration of the automatic stay, there was no need to issue an order enjoining the City from attempting to collect any dischargeable debt arising pre-petition. The court also determined that it did not have jurisdiction over the post-petition disconnection policies or decisions of the City.