United States Seventh Circuit
In the Matter of: Kmart Corp., 05-1488
Bankruptcy court finding that the debtor corporation was entitled to assume an executory contract with appellants-banks providing for a co-branded credit card is affirmed where debtor was properly found to be in compliance with its contractual obligations and, thus, entitled to assume the contract.
Appellate Information
- Argued 10/28/2005
- Decided 01/04/2006
- Published 01/04/2006
Judges
- EASTERBROOK, Circuit Judge., Before EASTERBROOK, MANION, and ROVNER, Circuit Judges.
Court
- United States Seventh Circuit
Counsel
- For Appellant:
- Floyd Babbitt, Fagel & Haber, Chicago, IL, Adam A. Lewis (argued), Morrison & Foerster, San Francisco, CA, for Appellant.
- For Appellees:
- Michael D. Shumsky, Kirkland & Ellis, Washington, DC, Peter D. Doyle (argued), Kirkland & Ellis, New York, NY, for Debtor-Appellee.