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Windstream Holdings Inc. v. Charter Comm'ns Inc.

Court Vacates Contempt Finding, $19 Million Sanction in Adversary Proceeding

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ADDITIONAL CASES In re: Windstream Holdings, Inc. et al., Debtors OPINION AND ORDER Before the Court is the appeal of Defendants-Appellants Charter Communications Inc. and Charter Communications Operating, LLC (together, “Charter”) from the Bankruptcy Court’s April 15, 2021 judgment holding Charter in contempt for violation of the automatic stay under 11 U.S.C. §362(a) and assessing sanctions (the “Judgment”). (Bankr. Dkt. 334.)1 For the following reasons, the Judgment is VACATED in part.2 I. BACKGROUND Plaintiffs-Appellees Windstream Holdings Inc. and its debtor affiliates (collectively, “Windstream”) and Charter are telecommunications service providers. (Bankr. Dkt. 1 (“Adv. Compl.”)

11-12.) Windstream filed for Chapter 11 reorganization on February 25, 2019. (Id. 14.) By operation of 11 U.S.C. §362, the automatic stay went into effect on that date. Charter competes with Windstream in providing residential and commercial voice and data communication services in certain locations. (Id.

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