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IN RE USN COMMUNICATIONS, INC.

Bankruptcy Nos. 99-383 to 99-395(PJW), Adversary No. 00-1882.

288 B.R. 391 (2003)

In re USN COMMUNICATIONS, INC., et al., Debtors. Scott Peltz, as Liquidating Trustee for the USN Communications Liquidating Trust, Plaintiff, v. Com Services, Inc., Defendant.

United States Bankruptcy Court, D. Delaware.

January 17, 2003.

Attorney(s) appearing for the Case

Ian Connor Bifferato, Megan N. Harper, Bifferato, Bifferato & Gentilotti, Wilmington, DE, Thomas Pietrantonio, Thomas Pietrantonio, P.C., Port Washington, NY, for Defendant.

Mark Minuti, Tara L. Lattomus, Saul Ewing, LLP, Wilmington, DE, David B. Goroff, Frank W. DiCastri, Foley & Lardner, Chicago, IL, for Scott Peltz, as Trustee of the USN Communications, Inc. Liquidating Trust.

MEMORANDUM OPINION

PETER J. WALSH, Chief Judge.

This opinion relates to Defendant's Motion to Vacate Default Judgment (Doc. # 8). Defendant seeks relief for the default under Federal Rule of Civil Procedure 60(b), which is made applicable to adversary proceedings in bankruptcy by Federal Rule of Bankruptcy Procedure 9024.1 For the reasons set forth below, the Court will deny Defendant's motion to vacate the default judgment,...

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