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Full title: Additional Adequate Assurance Request from Duke Energy Indiana, LLC filed by Creditor Duke Energy Indiana, Inc. re: 51 Order on miscellaneous motion (first day motion). (Barbie MNBS) (Entered: 01/28/2021)
Document posted on Jan 27, 2021 in the bankruptcy, 4 pages and 0 tables.
Bankrupt11 Summary (Automatically Generated)
Granting Expedited Relief and Establishing Procedures Regarding Adequate Assurance of Future Performance for Utilities (Docket No. 51) (the “Utility Order”) and the underlying Motion, Duke Energy Indiana, LLC (“Duke Energy”) submits this request for additional adequate assurance pursuant to 11 U.S.C. § 366. Filed with this Request is a spreadsheet identifying the names, prepetition account numbers reflecting the Debtor’s obligations to Duke Energy, addresses of the service locations for Duke Energy that are impacted by the Debtor’s filing, and payment histories by way of final balances for each account that is currently known to Duke Energy (See Exhibit A).By way of explanation of the request, Duke Energy objects to the Debtor’s proposed deposit in the amount equal to approximately a half month of the Debtor’s average cost of utility services delivered to a Utility upon timely request because under Duke Energy’s billing cycles, the Debtor receives approximately one month of utility goods and/or services before Duke Energy issues a bill for such charges.Consequently, under Duke Energy’s billing cycles, the Debtor could receive at least two months of unpaid charges before Duke Energy could discontinue goods and/or services. Additionally, Duke Energy objects to the Debtor’s Adequate Assurance Deposit and the entry of the Utility Order because it was entered on an ex parte basis without the Court affording Duke Energy and other Utilities proper and timely notice.