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IN RE NETWORK ACCESS SOLUTIONS, CORP.

Bankruptcy No. 02-11611(MFW), Adversary No. 04-53849.

330 B.R. 67 (2005)

In re NETWORK ACCESS SOLUTIONS, CORPORATION and NASOP, INC., Debtors. The Official Committee of Unsecured Creditors Plaintiff, v. Jonathon Aust and Stephen Aust, Defendants.

United States Bankruptcy Court, D. Delaware.

August 29, 2005.

Attorney(s) appearing for the Case

Thomas G. McCauley, Esquire, Zuckerman Spaeder LLP, Wilmington, DE, for Jonathon and Steven Aust.

L. Jason Cornell, Esquire, Fox Rothschild LLP, Wilmington, DE, Samuel H. Israel, Esquire, Fox Rothschild LLP, Philadelphia, PA, for the Committee.

MEMORANDUM OPINION1

MARY F. WALRATH, Bankruptcy Judge.

The Official Committee of Unsecured Creditors (the "Committee") filed a Complaint alleging that Jonathon Aust and Stephen Aust are liable to the bankruptcy estate for receiving excessive and/or unauthorized executive compensation from Network Access Solutions Corporation ("NAS"). The Austs filed a motion to dismiss the Committee's Complaint for failure to state...

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