§26.6 - other Significant Provisions of the Act

• Jurisdiction: Washington

§26.6 OTHER SIGNIFICANT PROVISIONS OF THE ACT

Chapter 7.60 RCW contains other significant provisions, set out below.

(1) Restrictions on discontinuance of utility services

RCW 7.60.120 provides restrictions on discontinuance of utility service. These restrictions are not as extensive as the utility provisions of the Bankruptcy Code, 11 U.S.C. §366. RCW 7.60.005(14) defines "utility" as "a person providing any service regulated by the Utilities and Transportation Commission." This is more specific and presumably more narrow than the equivalent term used in 11 U.S.C. §366. RCW 7.60.120 prohibits a utility from discontinuing service without providing the receiver at least 15 days' notice of default. RCW 7.60.120 stops short of enjoining utilities from termination of service, but instead states "[t]his section does not prohibit the court, upon motion by the receiver, to prohibit the alteration or cessation of utility service if the receiver can furnish adequate assurance of payment...for service to be provided after entry of the order appointing the receiver." RCW 7.60.120 applies to any utility providing service to receivership estate property regardless of whether it is a general or custodial receivership.

(2) The right to sue and be sued

RCW...