Legal Opinion

Begley v. Philadelphia Electric Co.

Court of Appeals for the Third Circuit

Decided April 19, 1985No. Nos. 84-1370, 84-1635PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

GARTH, Circuit Judge.

This case presents the question whether section 366 of the Bankruptcy Code,1 preempts state public utility regulations which provide consumers with certain protective procedures prior to termination of utility service. The district court found no preemption and ordered Philadelphia Electric Company (PECO) to comply with the state regulations and effect an amortization schedule for post-petition arrearages incurred by the Begleys. Since we agree with the district court that section 366 does not, at least in the context of a Chapter 7 proceeding,…

2Cases cited12 opinions

  1. Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
  2. Palmer v. MassachusettsSupreme Court of the United States · 1939
  3. Cape May Greene, Inc. v. WarrenCourt of Appeals for the Third Circuit · 1983
  4. In the Matter of the Central Railroad Company of New Jersey, Debtor. Appeal of State of New JerseyCourt of Appeals for the Third Circuit · 1974
  5. In the Matter of Penn Central Transportation Company, Debtor. Appeal of Consolidated Edison Company of New York, IncCourt of Appeals for the Third Circuit · 1972

7 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Whittaker v. Philadelphia Electric Co.Court of Appeals for the Third Circuit · 1989
  2. MFS Telecom, Inc. v. Motorola, Inc. (In Re Conxus Communications, Inc.)District Court, D. Delaware · 2001
  3. Hanratty v. Philadelphia Electric Co.District Court, E.D. Pennsylvania · 1989
  4. In Re EplingUnited States Bankruptcy Court, S.D. Ohio · 2000
  5. In Re SpencerUnited States Bankruptcy Court, W.D. New York · 1998

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