United States Ninth Circuit

A decision denying bankruptcy trustee's claim to the proceeds from the FCC's auction of new licenses for the radio spectrum previously covered by the debtor's cancelled licenses is affirmed as: 1) the FCC's cancellation of licenses held by debtor-licensee in bankruptcy proceedings extinguished the debtor's interest in those licenses and the underlying radio spectrum; and 2) such cancellation did not result in any traceable proceeds, and did not constitute a lien-enforcement remedy.

Appellate Information

• Argued 06/07/2007
• Decided 09/17/2007
• Published 09/17/2007

Judges

• IKUTA, Circuit Judge:, Before:  BETTY B. FLETCHER, HARRY PREGERSON, and SANDRA S. IKUTA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Donald B. Verrilli, Jr. and William M. Hohengarten, Jenner & Block, LLP, Washington, DC, for the plaintiff-appellant., John S. Riper and Joseph M. Campos, Stanislaw Ashbaugh, LLP, Seattle, WA, for the trustee.


• For Appellees:
  
• Peter D. Keisler, Assistant Attorney General, John McKay, United States Attorney, William Kanter, and H. Thomas Byron III, Department of Justice, Civil Division, Washington, DC, for the defendants-appellees.