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PELTZ v. NEW AGE CONSULTING SERVICES, INC.

Adversary No. A-00-1917.

279 B.R. 99 (2002)

Scott PELTZ, Trustee for the USN Communications Liquidating Trust v. NEW AGE CONSULTING SERVICES, INC.

United States Bankruptcy Court, D. Delaware.

April 9, 2002.

Attorney(s) appearing for the Case

Christopher P. Simon, The Bayard Firm, Wilmington, DE, Daniel D. Wilt, Euclid, OH, for New Age Consulting Service, Inc.

Mark Minuti, Tara L. Lattomus, Saul Ewing, LLP, Wilmington, DE, Michael J. Small, Frank W. DiCastri, Therese C. King, Foley & Lardner, Chicago, IL, for Scott Peltz, as Trustee for the USN Communications Liquidating Trust.

PETER J. WALSH, Bankruptcy Judge.

Dear Counsel:

This is with respect to the motion (Doc. # 11) of New Age Consulting Services, Inc. ("Defendant") for summary judgment. I will deny the motion for the reasons discussed below.

USN Communications, Inc. ("USN") and its affiliates (collectively, "Debtors") filed voluntary petitions for relief under chapter 11 of the Bankruptcy Code on February 18, 1999 ("Petition Date"). (Def.'s Mot. (Doc. # 11) ¶ 1...

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