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IN RE ADVANCED CELLULAR SYSTEMS

Bankruptcy Nos. 97-07437, 98-07438. Adversary No. 98-0078.

235 B.R. 713 (1999)

In re ADVANCED CELLULAR SYSTEMS, Debtor. In re Advanced Paging Systems, Corp., Debtor. Advanced Cellular Systems, Inc., Plaintiff, v. Jaime Mayol, Liquidation Receiver of El Fenix de Puerto Rico; Receivership El Fenix de Puerto Rico.

United States Bankruptcy Court, D. Puerto Rico.

July 6, 1999.

Attorney(s) appearing for the Case

Carmen D. Conde Torres & Monsita Lecároz Arribas C. Conde & Assoc., Hato Rey, PR, for plaintiff.

Juan A. Moldes Rodríguez, Hato Rey, PR, for defendants.

OPINION AND ORDER

ENRIQUE S. LAMOUTTE, Bankruptcy Judge.

Before the Court is the Motion to Dismiss and Brief in Support filed by Juan Antonio García, Insurance Commissioner of Puerto Rico ("Commissioner") and appointed liquidator of El Fénix de Puerto Rico, Compañía de Seguros ("El Fénix"). The Commissioner argues that this Court does not have jurisdiction to entertain this adversary proceeding because on September 16, 1997, Puerto...

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