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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.
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