- 11 U.S.C.
Hopedale Mining LLC, In re
Sep
01
2020
Ruling
Objecting utilities were entitled to additional assurance of payment because they wereentitled to protection from unreasonable risk of nonpayment. (Bankr. S.D. Ohio)
Issue(s)
Utility Service.
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Court
:
Stewart, In re
May
04
2018
Ruling
Energy company willfully violated the automatic stay when it shut off gas sevice to debtor's restaurant for non-payment after it became aware that debtor filed his bankruptcy case
Issue(s)
Utility Service; Alteration or Refusal of Service upon Commencement of Case Prohibited
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Court
:
- 11 U.S.C.
Sciortino v. Gwinnett Cnty. Dep't of Water Res. (In re Sciortino)
Sep
02
2016
Ruling
Department of Water Services allowed to terminate water services to debtor as the stay fromdebtor's case only lasted 30 days from the date he declare bankruptcy. (Bankr. N.D. Ga.)
Issue(s)
Utility Service.
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Court
:
- 11 U.S.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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Court
:
- 11 U.S.C.
In re Bedford Town Condo.
Aug
25
2011
Ruling
Debtor condominium complex owner's modification of adequate assurance order denied but utility termination date conditionally deferred.
Procedural posture
The chapter 11 debtor, which owned a condominium complex and owed utility payments to a creditor, filed a motion in which it sought a modification of an adequate assurance order under 11 U.S.C.S. § 366.
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Court
:
- 11 U.S.C.
In re Circuit City Stores Inc.
Jan
14
2009
Ruling
Order for adequate assurance payments to utilities approved subject to later modification.
Procedural posture
Debtors operated retail consumer electronics stores which received services from utility companies, which services were essential to the continued operation of the debtors. The debtors moved for an order approving a blocked account to provide adequate assurance of payment to the utilities pursuant to 11 U.S.C.S. § 366 and establishing procedures to resolve disputes concerning adequate assurance of payment.
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Court
:
- 11 U.S.C.
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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Court
:
- 11 U.S.C.
In re New Rochelle Tel. Corp.
Nov
13
2008
Ruling
Prepetition service agreement with utility was entitled to applicable protection and could not be treated as an executory contract.
Procedural posture
Before the court were two motions which were procedurally consolidated. The first was a motion filed by the debtor seeking, inter alia, to determine that, because creditor was a utility which entered into an executory contract with the debtor prior to bankruptcy, the parties' rights and obligations were governed by 11 U.S.C.S. § 365 and not 11 U.S.C.S. § 366. The second motion was the creditor's motion to convert the case to a chapter 7.
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Court
:
- 11 U.S.C.
In re Cannon
Jun
23
2008
Ruling
Creditor could not require deposit for continuation of utility service where not required under state law.
Procedural posture
A debtor filed a motion, pursuant to 11 U.S.C.S. § 366(b), for a modification of the deposit requested by a creditor for continued utility service.
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Court
:
- 11 U.S.C.
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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Court
: