Skip to main content

§ 366

In re Viking Offshore Inc.

Mar
20
2008
Ruling
Debtors were required to propose initial adequate assurance payments and could not shift responsibility to creditors.
Procedural posture

The debtors were related entities that filed for relief under chapter 11 of the United States Bankruptcy Code, and the cases were jointly administered. In an amended motion, the debtors sought an order determining that two utility companies had adequate assurance of payment. The debtors also sought to establish procedures for adequate assurance for 12 utilities that provided services to the debtors.

ABI Membership is required to access the full summary of In re Viking Offshore Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on March 20, 2008 , LexisNexis #0408-077
LexisNexis Article
Learn More

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.

ABI Membership is required to access the full summary of In re Syroco Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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

Darby v. Time Warner Cable Inc. (In re Derby)

Nov
14
2006
Ruling
District court properly upheld bankruptcy court ruling that cable provider was not a utility and not required to continue debtor's service.
Procedural posture

Appellant debtor sought review of a judgment in favor of appellee cable provider by the District Court for the Southern District of Texas, which affirmed the bankruptcy court which held that the cable provider was not a utility within the purview of 11 U.S.C. § 366 and was therefore not required to continue providing the debtor service after his offer of adequate assurances.

ABI Membership is required to access the full summary of Darby v. Time Warner Cable Inc. (In re Derby) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
opinion summary, case decided on November 14, 2006 , LexisNexis #1206-046
LexisNexis Article
Learn More

In re Astle

Mar
14
2006
Ruling
Debtors'proposed lien met requirements under section 366(b) and provided power company with adequate assurance of payment for postpetition services
Procedural posture

Debtors filed a family farmer chapter 12 bankruptcy petition in order to reorganize their dairy operation. Debtors moved for a determination of a utility deposit with respondent power company and for providing secured credit as assurance of payment pursuant to 11 U.S.C. § 366. At the hearing on the motion, the power company's counsel orally objected to the motion and to the type of assurance of payment debtors proposed.

ABI Membership is required to access the full summary of In re Astle Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on March 14, 2006 , LexisNexis #0706-006
LexisNexis Article
Learn More
Subscribe to %1