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IN RE STEINEBACH

Bankruptcy No. 4-02-04876-EWH, Adversary Nos. 4-02-00138-TUC, 4-02-00158-TUC, 4-02-00161-TUC.

303 B.R. 634 (2004)

In re Robert E. STEINEBACH, Jr. and Carmen R. Beauchamp-Steinebach, Debtors. Robert E. Steinebach, Jr. and Carmen R. Beauchamp-Steinebach, Plaintiffs, v. Tucson Electric Power Company, Defendant. Robert E. Steinebach, Jr. and Carmen R. Beauchamp-Steinebach, Plaintiffs, v. Qwest Communications Corp., Defendant. Robert E. Steinebach, Jr. and Carmen R. Beauchamp-Steinebach, Plaintiffs, v. Southwest Gas Corporation, Defendant.

United States District Court, D. Arizona.

January 2, 2004.

Attorney(s) appearing for the Case

Eric Slocum Sparks, Tucson, AZ, for Debtors/Plaintiffs.

Bryan Albue, Fennemore Craig, P.C., Phoenix, AZ, for Qwest.

Michael Green, Munger Chadwick, PLC, Tucson, AZ, for Southwest Gas.

Mark Rubin, Tucson, AZ, for TEP.

Cheryl K. Copperstone, Tucson, AZ, for Chapter 13 Trustee.

AMENDED MEMORANDUM DECISION

EILEEN W. HOLLOWELL, Bankruptcy Judge.

In this case, I have been asked to decide if consumer debtors must pay a utility deposit in order to satisfy 11 U.S.C. § 366(b) which requires that utilities receive adequate assurance of payment postpetition. If consumer debtors have timely been paying their utility bills, utilities are not entitled to a deposit as adequate assurance because they are not confronted with an unreasonable...

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