Feldman, Liquidating Trustee of UPH Liquidating Trust v. T-Mobile USA, Inc. (In re UPH Holdings, Inc.) (Aug. 28, 2014)
The Court considered whether the case should be referred to the appropriate administrative body for resolution of the rate amount. In deciding not to refer the case, the Court explained that Pac-West, a Competitive Local Exchange Carrier (CLEC), had been trying to get a rate determined for more than seven years, with no end in sight. And though the CLEC had been able to get a rate determined in Tennessee, it took eleven years to do so. Ultimately, the Court found that the present adversary proceeding, let alone the administration of the bankruptcy case, could not wait the outcome of such protracted proceedings and held that the Court would determine the rate unless the defendants obtained a rate from the relevant administrative bodies within 120 days.
WL Cite: Feldman, Liquidating Trustee of UPH Liquidating Trust v. T-Mobile USA, Inc. (In re UPH Holdings, Inc.), 516 B.R. 873 (Bankr. W.D. Tex. 2014).