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§ 366(c)

In re Escalera Res. Co.

Nov
09
2015
Ruling
Order restraining utilities from discontinuing service prior to entry of final order for adequate assurance payments granted.
Issue(s)
Should interim order preventing debtor's utilities from terminating service be granted?

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Commercial opinion summary, case decided on November 09, 2015 , LexisNexis #1215-079
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In re Pilgrims Pride Corp.

Jan
04
2009
Ruling
Adequate assurance agreements with utilities approved but court declined to bar nonfiling creditors from contesting adequacy in future.
Procedural posture

Before the court was a bankruptcy debtor's motion pursuant to 11 U.S.C.S. §§ 105(a) and 366 to (i) approve debtors'proposed form of adequate assurance; (ii) establish procedures for resolving objections by utility companies; and (iii) prohibit utilities from altering, refusing, or discontinuing service.

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Commercial opinion summary, case decided on January 04, 2009 , LexisNexis #0209-007
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In re Beach House Prop. LLC

Apr
08
2008
Ruling
Court set adeqaute assurance payments to creditor utility which could not discontinue service if paid within 30 days.
Procedural posture

Before the court was a power company's (utility's) objection to debtor's motion for order determining adequate assurance of payment for future utility services and order granting debtor's motion.

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Commercial opinion summary, case decided on April 08, 2008 , LexisNexis #0508-114
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In re Syroco Inc.

Aug
22
2007
Ruling
Security deposit for two weeks service approved as adequate assurance for utility companies.
Procedural posture

Chapter 11 debtor filed a motion that included a request that an order be entered pursuant to 11 U.S.C. § 366(c)(2) establishing that a security deposit equal to the current average cost of two weeks service be deemed as adequate assurance for the utility companies that failed to reply or object to the motion.

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opinion summary, case decided on August 22, 2007 , LexisNexis #0907-109
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