IN RE JONES

BAP No. MB 06-056. Bankruptcy No. 06-10105-RS.

369 B.R. 745 (2007)

Ann C. JONES, Debtor. Ann C. Jones, Appellant, v. Boston Gas Company d/b/a Keyspan Energy Delivery New England, Appellee.

United States Bankruptcy Appellate Panel for the First Circuit.

June 8, 2007.


Attorney(s) appearing for the Case

David G. Baker, Esq. on brief for Appellant.

Christopher S. Aronson, Esq. and Elisa M. Pugliese, Esq., on, brief for Appellee Boston Gas Company d/b/a Keyspan Energy Delivery New England.

George W. Tetler III, Esq. and Mark W. Powers, Esq. of Bowditch & Dewey, LLP and Russell R. Johnson III, Esq., on brief for amici curiae Appalachian Power Company, Baltimore Gas & Electric Company, Columbus Southern Power Company, Commonwealth Edison Company, The Connecticut Light and Power Company, Connecticut Natural Gas Corporation, The Detroit Edison Company, Granite State Electric Company, Indiana/Michigan Power Company, Kentucky Power Company, Kingsport Power Company, Massachusetts Electric Company, Michigan Consolidated Gas Company, Naragansett Electric Company, New York State Electric and Gas Corporation, Niagara Mohawk Power Corporation, Ohio Power Company, PECO Energy Company, Public Service Electric and Gas Company, Public Service Company of New Hampshire, Public Service Company of Oklahoma, Rochester Gas and Electric Company, The Southern Connecticut Gas Company, Southwestern Electric Power Company, Western Massachusetts Electric Company, Wheeling Power Company and Yankee Gas Services Company.

Eric T. Ray, Esq. and Paul Greenwood, Esq. of Balch & Bingham LLP, on brief for amici curiae Alabama Power Company.

Before LAMOUTTE, CARLO and KORNREICH, United States Bankruptcy Appellate Panel Judges.


PER CURIAM.

The issue before us is whether a utility may terminate service to a Chapter 13 debtor for failure to pay for post-petition service without first obtaining relief from the automatic stay of 11 U.S.C. § 362. We conclude that a utility may terminate service, without obtaining relief from stay, based upon a Chapter 13 debtor's failure to pay for post-petition service. Accordingly, for the reasons set forth below, we affirm.

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