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Monday, 09/10/2018 10:42:59 AM

Monday, September 10, 2018 10:42:59 AM

Post# of 4715
II. DISCUSSION
A. Whatever Rights Debtors Have in the Licenses are Part of the Bankruptcy Estate
Whether or not the Licenses terminated on June 1, 2012,20 any rights that Debtors have in
the Licenses constitute property of Debtors’ bankruptcy estate.
If the Licenses have not been terminated, then it is clear they are part of the estate. The
Code defines the estate to include “all legal or equitable interests of the debtor in property as of
the commencement of the case,” save for exceptions not relevant here. Code § 541(a)(1).
Courts must interpret this definition expansively to effectuate Congress’s intent to encourage
reorganizations and protect creditors. E.g., U.S. v. Whiting Pools, Inc., 462 U.S. 198, 204-05
(1983) (citing H.R. Rep. No. 95-595, p. 367 (1977); S. Rep. No. 95-989, p. 82 (1978)).
Furthermore, case law demonstrates as a general matter that licenses issued by the Commission
constitute part of the estate when the licenseholder declares bankruptcy. See In re Nextwave
Pers. Commc’ns Inc., 244 B.R. 253, 267 (Bankr. S.D.N.Y. 2000); Shimer v. Fugazy (In re
Fugazy Express, Inc.), 114 B.R. 865, 869-71 (Bankr. S.D.N.Y. 1990). As such, this court has
jurisdiction over the Licenses pursuant to 28 U.S.C. § 1334(e).21

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