1-507.43. Utility service.
(a) No Discontinuance of Utility Service. - Except as provided in subsection (b) of this section, a utility providing service to receivership property that has received written notice from the receiver of the appointment of the receiver may not alter, refuse, or discontinue service to the receivership property.
(b) Adequate Assurance of Payment. - A utility providing service to receivership property that has received written notice from the receiver of the appointment of the receiver may alter, refuse, or discontinue service to the receivership property if neither the receiver nor the debtor, within 30 days after the time of appointment, furnishes adequate assurance of payment, in the form of a cash deposit, letter of credit, certificate of deposit, surety bond, prepayment of utility consumption, or other security mutually agreed on between the utility and the receiver or the debtor, for service after such time. On motion by a party in interest and after notice and a hearing, the court may order reasonable modification of the amount or form of the adequate assurance of payment. (2020-75, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 38A - North Carolina Commercial Receivership Act.
§ 1-507.20 - Short title; definitions.
§ 1-507.21 - Applicability of Article and of common law.
§ 1-507.22 - Powers of the court.
§ 1-507.23 - Types of receiverships.
§ 1-507.24 - Appointment of receivers; receivership not a trust.
§ 1-507.25 - Eligibility of receiver.
§ 1-507.27 - Defenses and immunities; discovery.
§ 1-507.28 - Powers and duties of receivers.
§ 1-507.29 - Receiver as lien creditor; real estate recording; subsequent sales of real estate.
§ 1-507.30 - Duties of debtor.
§ 1-507.31 - Employment and compensation of professionals.
§ 1-507.32 - Schedules of property and claims.
§ 1-507.34 - Notices; motions; orders.
§ 1-507.35 - Records; interim reports; status hearings.
§ 1-507.36 - Removal of receivers.
§ 1-507.37 - Termination of receiverships; final report.
§ 1-507.38 - Actions by or against receiver; actions relating to receivership property.
§ 1-507.39 - Procedure for determining individual business debtor's exempt property.
§ 1-507.40 - Turnover of receivership property.
§ 1-507.41 - Ancillary receiverships.
§ 1-507.44 - Receivership financing.
§ 1-507.45 - Executory contracts.
§ 1-507.46 - Use or transfer of receivership property not in ordinary course.
§ 1-507.47 - Abandonment of property.
§ 1-507.48 - Liens against after-acquired property.
§ 1-507.50 - Objection to and allowance of claims.
§ 1-507.51 - Priority of claims.