Legal Opinion
In Re NextWave Personal Communications, Inc.
United States Bankruptcy Court, S.D. New York
Decided June 16, 1999No. 19-22486PublishedCited by 8 opinions
1Opinion of the Court
DECISION DENYING MOTION TO LIFT THE AUTOMATIC STAY
AD LAI S. HARDIN, Jr., Bankruptcy Judge.
Following this Court’s decision dated May 12, 1999 (the “May 12 Decision”) sustaining the constructive fraudulent conveyance claim of debtor NextWave Personal Communications, Inc. (“NPCI”), the Federal Communications Commission (“FCC”) has moved to lift the automatic stay under 11 U.S.C. § 362(d)(1) for “cause.” The alleged “cause” is that, by reason of the May 12 Decision, NPCI will not be paying the full amounts of its winning bids in the C block auction for 63 spectrum licenses awarded to it by the…
2Cases cited3 opinions
- In Re Farmers Markets, Inc., Debtors. State of California, State Board of Equalization, and Employment Development Department v. Farmers Markets, Inc., in Re Dick and Carleen Brink, Debtors. State of California, State Board of Equalization, and Employment Development Department v. Sy v. BrownCourt of Appeals for the Ninth Circuit · 1986
- In Re Gull Air, Inc., Debtor. Federal Aviation Administration v. Gull Air, Inc.Court of Appeals for the First Circuit · 1989
- Smith v. New York State Liquor AuthorityCourt of Appeals for the Second Circuit · 1938
3Cited by8 opinions
- Federal Communications Commission v. Nextwave Personal Communications Inc.Supreme Court of the United States · 2003
- NextWave Personal Communications Inc. v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 2001
- In Re: Nextwave Personal Communications, Inc. Debtor. Federal Communications Commission v. Nextwave Personal Communications, Inc.Court of Appeals for the Second Circuit · 1999
- In Re Federal Communications CommissionCourt of Appeals for the Second Circuit · 2000
- In Re NextWave Personal Communications Inc.United States Bankruptcy Court, S.D. New York · 2000
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