Legal Opinion
In Re Kmart Corp.
United States Bankruptcy Court, N.D. Illinois
Decided October 23, 2002No. 19-03878PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION
SUSAN PIERSON SONDERBY, Bankruptcy Judge.
This matter comes before the Court on the Motion of 4th Leaf, L.L.C. (“4th Leaf’) to Compel Surrender of Property. 4th Leaf relies upon section 105(a) of title 11 of the United States Code (the “Code”) as the statutory predicate for relief. As discussed in detail later, 4th Leaf leased a store located in Kentucky to one of the debtors herein, Kmart Corporation (“Kmart”), pursuant to a master lease. Kmart subleased the store to Farmers Hardware Company (“Farmers”). The Court approved Kmart’s rejection of the master lease and sublease…
2Cases cited83 opinions
- Pennzoil Co. v. Texaco Inc.Supreme Court of the United States · 1987
- Celotex Corp. v. EdwardsSupreme Court of the United States · 1995
- Arizona v. EvansSupreme Court of the United States · 1995
- In Re Orion Pictures Corporation, Debtor, Orion Pictures Corporation v. Showtime Networks, Inc., Formerly Known as Showtime/the Movie Channel, Inc.Court of Appeals for the Second Circuit · 1993
- Gash Associates v. Village of Rosemont, IllinoisCourt of Appeals for the Seventh Circuit · 1993
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3Cited by5 opinions
- Brown v. Fox Broadcasting Co. (In Re Cox)United States Bankruptcy Court, N.D. Georgia · 2010
- In re BlairUnited States Bankruptcy Court, D. New Mexico · 2015
- Branch Banking & Trust Co. v. Pacific Life InsuranceDistrict Court, W.D. Kentucky · 2013
- Wheeler Financial Inc v. JP Morgan Chase Bank, N.A.District Court, N.D. Illinois · 2021
- Wheeler Financial Inc v. JPMorgan Chase Bank NADistrict Court, N.D. Illinois · 2021