Darby v. Time Warner Cable, Inc.

CARL E. STEWART, Circuit Judge:

Damon Darby appeals from a judgment in favor of Time Warner Cable by the district court, which affirmed the bankruptcy court. After Darby filed for bankruptcy, his cable provider, Time Warner Cable (“Time Warner”), disconnected his service. Darby attempted to give Time Warner adequate assurances of future payment, including a deposit, under 11 U.S.C. § 366, but Time Warner refused to reinstate the service. Both the district court and the bankruptcy court held that Time Warner is not a utility within the purview of 11 U.S.C. § 366 and is therefore not required to…