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United States Second Circuit


In Re: U.S. Wireless Data, Inc., 063449

Order of U.S. Bankruptcy Court expunging an "unsecured claim" filed by appellant on the ground that it sought additional compensation for a previously resolved "cure claim" is affirmed where: 1) appellant's argument that the claim was cured without proper notice of consequences was without merit; 2) appellant's contention that, having failed to raise a timely challenge to the cure amount, it could pursue additional relief by reasserting its claim as a general unsecured obligation of the debtor was without merit; and 3) the "best interests of creditors" test, 11 U.S.C. section 1129(a)(7) afforded appellant no relief in this case.

Appellate Information

  • Decided 10/29/2008
  • Published 10/29/2008

Judges

Court

  • United States Second Circuit

Counsel

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