IN RE NEXTWAVE PERSONAL COMMUNICATIONS, INC.

Bankruptcy No. 98 B 21529(ASH). Adversary No. 98-5178A.

235 B.R. 305 (1999)

In re NextWAVE PERSONAL COMMUNICATIONS, INC., et al., Debtors. NextWave Personal Communications, Inc., Plaintiff, v. Federal Communications Commission, Defendant.

United States Bankruptcy Court, S.D. New York.

June 22, 1999.


Attorney(s) appearing for the Case

Andrews & Kurth L.L.P. by Deborah L. Schrier-Rape, Gregory Bevel, James P. Muenker, Dallas, TX, for plaintiff/debtor.

Mary Jo White, United States Attorney for Southern District of New York by Daniel S. Alter, Jeffrey Oestericher, Wendy H. Schwartz, Edward A. Smith, New York City, for defendant.

Kasowitz, Benson, Torres & Freedman, LLP by David M. Friedman, Robert M. Novick, New York City, for Official Committee of Unsecured Creditors.


DECISION ON REMEDY

ADLAI S. HARDIN, Jr., Bankruptcy Judge.

On May 12, 1999 this Court issued its decision (the "May 12 Decision") after trial on the merits of the constructive fraudulent conveyance claim asserted by plaintiff-debtor NextWave Personal Communications, Inc. ("NPCI") against defendant Federal Communications Commission ("FCC"). The Court left open the question of remedy and sought further illumination of the parties' positions in light...

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