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IN RE WINSTAR COMMUNICATIONS, INC.

Bankruptcy No. 01-1430(JCA). Adversary No. 02-04611.

284 B.R. 40 (2002)

In re WINSTAR COMMUNICATIONS, INC., et al., Debtors. Equity Broadcasting Corporation, Plaintiff, Myound Hwa Bae, Applicant for Intervention, v. Christice C. Shubert, Chapter 7 Trustee Winstar New Media Company, Inc. Winstar Credit Corporation Winstar Broadcasting Corporation, Defendants.

United States Bankruptcy Court, D. Delaware.

August 26, 2002.

Attorney(s) appearing for the Case

Andrew H. Bart, Pryor, Cashman, Sherman & Flynn, LLP, New York City, Stephen M. Miller, Morris, James, Hitchens & Williams, LLP, Wilmington, DE, for EBC.

Nicholas J. Cremona, Kaye Scholer, LLP, New York City, Francis G.X. Pileggi, Fox, Rothschild, O'Brien & Frankel, LLP, Wilmington, DE, Christine C. Shubert, Tabernacle, NJ, for the Trustee.

Jeffrey C. Wisler, Connolly, Bove, Lodge & Hutz, LLP, Wilmington, DE, Scott A. Richie, Andrews & Kurth, L.L.P., Washington, DC, for Ms. Bae.

Donald Walton, Acting United States Trustee, Philadelphia, PA, for United States Trustee.

Memorandum of Opinion on Jurisdiction

JOHN C. AKARD, Bankruptcy Judge.

This matter illustrates the problems that arise when a debtor and a related non-debtor combine to enter into a transaction with a third party. Equity Broadcasting Corporation (EBC) brought this adversary proceeding against Winstar Broadcasting Corporation (WBC), which is not a debtor in the captioned bankruptcy case, and against Christine C. Shubert...

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