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Are Utilities Unfairly Protected Under the Bankruptcy Code?
Debra A. Dandeneau and Victoria of Weil, Gotshal & Manges write: With all the focus recently on how the Bankruptcy Code should be amended, it is surprising that the protections utilities receive, some of which are grounded in anachronistic notions of how utility services work, have not been subject to more scrutiny. With increasing technology, the scope of “utility services” arguably has expanded, with no real attempt being made to limit the notion of what truly is a “utility” within the meaning of §366.
