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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.

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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MINNESOTA In re: Case No. 21-30037 Chapter 11 Tea Olive I, d/b/a Stock+Field, Debtor. ADDITIONAL ADEQUATE ASSURANCE REQUEST FROM DUKE ENERGY INDIANA, LLC Pursuant to the Order 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. This request is based on the following information. 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). The spreadsheet additionally includes any existing deposit remaining and the amounts equal to two-months and one-month of the average cost of utility services per account. To distinguish from pre-petition accounts, Duke Energy has assigned new account numbers to all post-petition accounts. As explained below, Duke Energy finds the Adequate Assurance Deposit as described in the Utility Order and underlying Motion unsatisfactory and hereby submits a written request for additional assurance pursuant to the procedures outlined in the Utility Order in the amount of $24,360.00, which equals a two-month deposit. Duke Energy also requests that it hold the deposit, rather than having the deposit held in a segregated account maintained by the Debtor. 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. Once a bill is issued, the Debtor has approximately 20 to 30 days to pay the applicable bill. If the Debtor fails to timely pay the bill, a past due notice is issued and, in most instances, a late fee may be subsequently imposed on the account. If the Debtor fails to pay the bill after the issuance of the past due notice, Duke Energy issues a notice that informs the Debtor that it must cure the arrearage within a certain period of time or its services will be

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disconnected. 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. Further, Duke Energy did not have an opportunity to either object to the underling Motion or to submit an Additional Assurance Request before the entry of the Utility Order. As a result, the Debtor has not followed the requirements of 11 U.S.C. § 366 by providing adequate assurance of payment that is accepted by the Utility. For the above reasons, Duke Energy requests that the Debtor consent and pay the Adequate Assurance Deposit. If agreed, Duke Energy can provide specific payment instructions for the deposit. Respectfully submitted, Dated: January 28, 2021 TAFT STETTINIUS & HOLLISTER LLP By: /e/ Karl J. Johnson Karl J. Johnson (#391211) 2200 IDS Center 80 South 8th Street Minneapolis, MN 55402 Telephone: (612) 977-8400 Facsimile: (612) 977 8650 Email: kjjohnson@taftlaw.com -AND- /e/ Mary M. Caskey Mary M. Caskey (No. 10120) Haynsworth Sinkler Boyd, P.A. 1201 Main Street, 22nd Floor Columbia, South Carolina 29201 Phone: (803) 779-3080 mcaskey@hsblawfirm.com Attorneys for Duke Energy

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EXHIBIT A

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Duke Energy Tea Olive I LLC Duke Energy Indiana LLC Pre-Petition Post-Petition Account Final Account Deposit 1 Month Number Balance Number Required Deposit $0 1550 Cass St N Wabash, IN 46992 TBD $14,105 $7,053 2100 Main St Rochester, IN 46975 $8,438.63 $10,110 $5,055 1550 Cass St N Wabash, IN 46992 TBD $70 $35 2100 Main St Misc: Sign Rochester, IN 46975 $65.30 $75 $38 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total $8,503.93 $24,360 $12,180