Legal Opinion

In Re Penn Jersey Corp.

United States Bankruptcy Court, E.D. Pennsylvania

Decided May 8, 1987No. 19-11254PublishedCited by 15 opinions

1Opinion of the Court

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

Resolution of the Motion presently before us in this Chapter 11 bankruptcy case leads us to consider what constitutes such “adequate assurance of payment” as to oblige a utility to continue service to a debtor subsequent to the bankruptcy filing, per 11 U.S.C. § 366. We hold that § 366 contemplates that a utility receive only such assurance of payment as is sufficient to protect its interests given the facts of the debtor’s financial circumstances, which will, in certain circumstances, not require a payment or security deposit from the debt- or. In…

2Cases cited20 opinions

  1. 15 Collier bankr.cas.2d 563, Bankr. L. Rep. P 71,437 in Re McKeesport Steel Castings Company. In Re McKeesport Steel Castings Company, Debtor. Equitable Gas Co. v. Equibank N.A., Condec Corporation. Appeal of Equitable Gas Company, a Division of Equitable Resources, Inc., MovantCourt of Appeals for the Third Circuit · 1986
  2. In Re Timbers Of Inwood Forest Associates, Ltd.Court of Appeals for the Fifth Circuit · 1987
  3. In Re Timbers Of Inwood Forest Associates, Ltd.Court of Appeals for the Fifth Circuit · 1986
  4. In Re Grant Broadcasting of Philadelphia, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1987
  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

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3Cited by15 opinions

  1. In Re Caldor, Inc.-NYDistrict Court, S.D. New York · 1996
  2. In Re GurstUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
  3. In Re Lease-A-Fleet, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1991
  4. Jones v. Boston Gas Co. (In Re Jones)Bankruptcy Appellate Panel of the First Circuit · 2007
  5. Whittaker v. Philadelphia Electric Co. (In Re Whittaker)United States Bankruptcy Court, E.D. Pennsylvania · 1988

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