Legal Opinion

In Re Kmart Corp.

United States Bankruptcy Court, N.D. Illinois

Decided January 23, 2003No. 19-03870PublishedCited by 14 opinions

1Opinion of the Court

MEMORANDUM OPINION

SUSAN PIERSON SONDERBY, Bankruptcy Judge.

This matter comes before the Court on the Motion of CIT Financial USA, Inc. (“CIT”) for a Court Order Compelling Debtor-in-Possession to Assume or Reject the Licensing Agreement and for Administrative Claim.

I

BACKGROUND

Kmart Corporation (“Kmart”) and 37 of its affiliates filed voluntary petitions under chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”) on January 22, 2002 (the “Petition Date”). Kmart continues to operate its business and manage its properties as a debtor in possession pursuant to section 1107(a)…

2Cases cited19 opinions

  1. National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
  2. In Re Mammoth Mart, Inc., Debtor. Stanley Cramer v. Mammoth Mart, Inc.Court of Appeals for the First Circuit · 1976
  3. Gerald W. Moody, and Jermoo's Incorporated, Debtors-In-Possession, Plaintiffs v. Amoco Oil CompanyCourt of Appeals for the Seventh Circuit · 1984
  4. In the Matter of Jartran, Inc., Debtor. Appeal of Reuben H. Donnelley Corporation and Sandra C. Tinsley, IncCourt of Appeals for the Seventh Circuit · 1984
  5. In Re Amarex, Inc., Debtor. Robert O. Isaac v. Temex Energy, Inc., Successor by Merger to Amarex, Inc.Court of Appeals for the Tenth Circuit · 1988

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3Cited by14 opinions

  1. Buena Vista Television v. Adelphia Communications Corp. (In Re Adelphia Communications Corp.)United States Bankruptcy Court, S.D. New York · 2004
  2. United Mine Workers of America 1974 Plan & Trust v. Lexington Coal Co. (In Re HNRC Dissolution Co.)Bankruptcy Appellate Panel of the Sixth Circuit · 2008
  3. In Re Exide TechnologiesUnited States Bankruptcy Court, D. Delaware · 2006
  4. Zurich American Insurance v. Lexington Coal Co. (In Re HNRC Dissolution Co.)District Court, E.D. Kentucky · 2007
  5. In Re HNRC Dissolution Co.United States Bankruptcy Court, E.D. Kentucky · 2006

9 more not listed; retrieve them via the Exa API.

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