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IN RE PENN JERSEY CORP.

Bankruptcy No. 86-05424S.

72 B.R. 981 (1987)

In re PENN JERSEY CORPORATION (Formerly known as Penn Jersey Auto Stores, Inc.), Debtor.

United States Bankruptcy Court, E.D. Pennsylvania.

As Amended May 8, 1987.

Attorney(s) appearing for the Case

John F. Murphy, Adelman Lavine Krasny Gold and Levin, Philadelphia, Pa., for debtors.

Walter Greenhalgh, Kleinberg, Moroney, Masterson & Schacter, P.C., Millburn, N.J., for R & S Strauss Associates.

William Fabrizio, Hahn & Hessen, New York City, and Drew Salaman, Salaman & Salaman, Philadelphia, Pa., Co-Counsel for Creditors' Committee.

Bonnie Glantz Fatell, Blank Rome Comisky & McCauley, Philadelphia, Pa., for Mellon Bank.

Todd S. Frankenthal, English, McCaughan & O'Bryan, Fort Lauderdale, Fla., for Visual Graphics.

Lawrence D. Coppel, Gordon, Feinblatt, Rothman, Hoffberger & Hollander, Baltimore, Md., for RS Shopping Center Associates.

Kenneth E. Aaron, Mesirov, Gelman, Jaffee, Cramer & Jamieson, Philadelphia, Pa., for The Fairmore Group.

T.H.M. Cornell, c/o Philadelphia Electric Co., Philadelphia, Pa., for Philadelphia Elec. Co.

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...

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