IN RE 360NETWORKS (USA), INC.

Bankruptcy No. 01-1372KALG). Adversary No. 03-04316(ALG).

316 B.R. 797 (2004)

In re 360NETWORKS (USA) INC., et al., Debtors. The Official Committee of Unsecured Creditors of 360networks (USA) Inc., et. al., and 360networks (USA) Inc., by and Through the Official Committee of Unsecured Creditors of 360networks (USA) Inc., et al., Plaintiffs, v. The Public Utilities Commission of the State of California, and Michael R. Peevey, Loretta M. Lynch, Carl W. Wood, Geoffrey F. Brown, and Susan P. Kennedy in their official capacities as Commissioners of the Public Utilities Commission of the State of California, and not as individuals, Defendants.

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

November 10, 2004.


Attorney(s) appearing for the Case

Dreier LLP, By Norman N. Kinel, Joel A. Chernov, Emma E. Harzem, New York, for the Plaintiffs/Debtors.

Ida M. Passamonti, Principal Counsel, California Public Utilities Commission, Lionel B. Wilson, Arocles Aquilar, Geoffrey Deyvynsyde, Of Counsel, San Francisco, CA, for the Defendants.


MEMORANDUM OF DECISION

ALLAN L. GROPPER, Bankruptcy Judge.

On June 18, 2003, the Official Committee of Unsecured Creditors of 360networks (USA) Inc. and its affiliated debtors, on behalf of itself and the debtors (collectively, "Debtors"), commenced this adversary proceeding pursuant to §§ 547 and 550 of the Bankruptcy Code seeking the avoidance as a preference of fees paid to the Public Utilities Commission of the State of California (the "CPUC...

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