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IN RE SHIREY

Bankruptcy No. 82-02257G, Adv. No. 82-1667G.

25 B.R. 247 (1982)

In re Gerald Adam SHIREY Sr. and Barbara Jane Shirey a/k/a Barbara Jane Clark a/k/a Barbara Jane Greenling, Debtors. Gerald SHIREY and Barbara Shirey, Plaintiff, v. PHILADELPHIA ELECTRIC COMPANY, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

December 9, 1982.

Attorney(s) appearing for the Case

Joshua Z. Goldblum, Levittown, Pa., for plaintiff/debtors, Gerald Shirey and Barbara Shirey.

T.H. Maher Cornell, Philadelphia, Pa., for defendant, Philadelphia Elec. Co.

Leo F. Doyle, Philadelphia, Pa., trustee.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue before us is whether a utility company may request from a debtor adequate assurance of payment in the form of a security deposit for service to be rendered after the filing of a petition in bankruptcy when the debtor has not defaulted on debts owed for services rendered prior to the filing of the petition. We conclude that a utility may request such adequate assurance pursuant to section 366(b) of the...

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