Analysis of Ohio's Amended Receivership Law | Page 19
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or altering service to the debtor or trustee in bankruptcy by reason
of the bankruptcy filing, so long as the debtor or trustee provides
“adequate assurance of payment” for services going forward. The
bankruptcy court is the ultimate arbiter of what constitutes adequate
assurance of payment. However, “assurance of payment” is defined
in Section 366(c)(1) and includes only the following forms of
assurance: a cash deposit, a letter of credit, a certificate of deposit, a
surety bond, prepayment of utility consumption, or another form of
security that is mutually agreed on between the utility and the debtor
or the trustee in bankruptcy. Accordingly, the Study Committee
may, for example, choose to recommend adoption of a definition
along the lines of “assurance of payment” and