Legal Opinion

In Re Smith, Richardson & Conroy, Inc.

United States Bankruptcy Court, S.D. Florida.

Decided March 12, 1985No. 18-25402PublishedCited by 8 opinions

1Opinion of the Court

ORDER REGARDING UTILITY DEPOSIT

THOMAS C. BRITTON, Bankruptcy Judge.

This chapter 11 case was filed on January 15. On February 21, the debtor moved under 11 U.S.C. § 366(b) that it be relieved of any requirement to post a deposit or any other form of adequate assurance of payment in order to continue receiving service from Florida Power & Light Co. The motion was heard on March 4.

Section 366(b) provides, in effect, that a utility may not stop service within 20 days after bankruptcy. Thereafter, it may discontinue service if neither the trustee nor the debtor within 20 days:

“furnishes adequate…

2Cases cited1 opinion

  1. In the Matter of Security Investment Properties, Inc., Bankrupt. Georgia Power Company v. Security Investment Properties, Inc., in the Matter of Guardian Properties-Athens, Inc., Bankrupt. Georgia Power Company v. Guardian Properties-Athens, Inc.Court of Appeals for the Fifth Circuit · 1977

3Cited by8 opinions

  1. In Re Penn Jersey Corp.United States Bankruptcy Court, E.D. Pennsylvania · 1987
  2. In Re Best Products Co.United States Bankruptcy Court, E.D. Virginia · 1996
  3. Kiriluk v. Chester Water Authority (In Re Kiriluk)United States Bankruptcy Court, E.D. Pennsylvania · 1987
  4. Carter v. South County Water System (In Re Carter)United States Bankruptcy Court, N.D. Ohio · 1991
  5. In Re 499 W. Warren Street Associates Ltd. PartnershipUnited States Bankruptcy Court, N.D. New York · 1991

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