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CMN Sued for Reimbursement of Alleged Excess Payments


October 22, 2021, Southern District of New York – The reorganized Debtors Windstream Finance Corp et al. recently sued CMN-RUS, Inc. (“CMN”) to seek reimbursement of “excess payments” made by Windstream KDL, LLC (“Windstream KDL”) to CMN.

As alleged in the complaint, before filing the bankruptcy petition, Windstream KDL and CMN entered into several contractual agreements for services that included the provision of rack space and power to each party’s benefit. The complaint further contends that despite these contractual agreements, CMN “overcharged” Windstream KDL $1,008,687.32 for the provision of rack space in Evansville that should have been allegedly provided free to Windstream KDL. The complaint further alleges that CMN refused to refund Windstream KDL’s “inadvertent overpayment” despite being “unjustly enriched” by funds CMN allegedly did not earn.
Accordingly, Windstream KDL requests the Court to issue a judgment in its favor, declaring that CMN breached various contractual agreements; Windstream KDL is entitled to licenses to 15 racks free of charge in CMN’s Evansville facility, and CMN invalidly charged for excess rack space.

In re: WINDSTREAM FINANCE CORP. et al., A.P. N0. 21-07095-rdd