Preventing Termination of Utility Services in Bankruptcy Act of 2019

#9013 | HR Congress #116

Last Action: Referred to the House Committee on the Judiciary. (12/17/2020)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

Bill Summary


The Preventing Termination of Utility Services in Bankruptcy Act of 2019 is a proposed bill that aims to amend title 11 of the United States Code. This amendment would eliminate the requirement for individuals filing for bankruptcy to provide assurance of payment for utility services in certain circumstances. The bill states that if the debtor pays any outstanding utility debts within 20 days of filing for bankruptcy, and continues to pay their utility bills on time during the bankruptcy proceedings, they will not be required to provide proof of future payment. This legislation is intended to protect individuals from having their utilities shut off while going through the bankruptcy process.

Possible Impacts



1. This legislation could potentially help individuals in bankruptcy by allowing them to continue receiving necessary utility services without having to provide assurance of payment, which can be difficult for those already struggling financially.

2. On the other hand, this legislation could also potentially harm utility companies, as they may not receive the assurance of payment they typically require, leading to potential financial losses for these companies.

3. This legislation could also create a burden on the court system, as cases involving individuals who are unable to pay for utility services may increase due to the removal of the assurance of payment requirement. This could potentially slow down the bankruptcy process and create backlogs in the court system.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9013 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 9013

   To amend title 11 of the United States Code to dispense with the 
  requirement of providing assurance of payment for utility services 
                      under certain circumstances.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 17, 2020

    Mr. Johnson of Georgia introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend title 11 of the United States Code to dispense with the 
  requirement of providing assurance of payment for utility services 
                      under certain circumstances.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preventing Termination of Utility 
Services in Bankruptcy Act of 2019''.

SEC. 2. AMENDMENT.

    Section 366 of title 11, United States Code, is amended by adding 
at the end the following:
    ``(d) Notwithstanding any other provision of this section in a case 
in which the debtor is an individual, if the debtor pays in the 20-day 
period beginning on the date of the order for relief debts owed to a 
utility for service provided during such period and thereafter pays 
when due debts owed to such utility for service provided during the 
pendency of the case, then the debtor may not be required to furnish 
assurance of payment.''.
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