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IN RE KELLY

Bankruptcy No. 82-01821G, Adv. No. 82-1668G.

25 B.R. 249 (1982)

In re Robert KELLY Sandra L. Kelly, Debtors. Robert KELLY and Sandra Kelly, Plaintiffs, 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 plaintiffs/debtors, Robert Kelly and Sandra L. Kelly.

T.M. 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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