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Published on 8/9/2005 in the Prospect News Distressed Debt Daily.

VarTec Telecom IR committee asks court to reconsider asset sale order

By Caroline Salls

Pittsburgh, Aug. 9 - VarTec Telecom Inc.'s official committee of excel independent representatives asked the U.S. Bankruptcy Court for the Northern District of Texas to reconsider its order approving the $82.1 million sale of the company's remaining assets to Comtel Investments LLC, according to a Monday filing.

According to the committee, Rural Telephone Finance Cooperative, which will receive the net proceeds of the sale to pay pre-bankruptcy loans, should be required to meet its burden of proof as to the validity, priority and extent of its loans to be entitled to apply the proceeds to the loans as adequate protection payments.

The committee said that the court, "at the very least," should add language to its order preserving the rights of interested parties, including the IR committee and unsecured creditors committee, to challenge the RTFC's entitlement to apply the proceeds to the loans as adequate protection payments.

VarTec, a Dallas-based telecommunications provider, filed for bankruptcy on Nov. 1, 2004. Its Chapter 11 case number is 04-81694.


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