… about 350 Windstream customers without notice to “fabricate uncertain service.” When Windstream customers contacted Charter to have their services reinstated, they were told that service was not being reinstated because of Windstream’s failure to pay certain amounts due to Charter, according to the complaint.
“Windstream, however, is not currently authorized to make any payments to Charter on account of prepetition debt as a result of the Chapter 11 filing,” Windstream said. “Charter’s attempt to thus collect prepetition is a willful violation of the Bankruptcy Code’s automatic stay and was a deliberate attempt to manufacture a problem with Windstream’s services contract.”
Windstream is seeking triple the amount of the actual/compensatory damages, as well as punitive damages.
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