Legal Opinion
Shanri Holdings Corp. v. Kmart Corp. (In Re Kmart Corp.)
District Court, N.D. Illinois
Decided August 27, 2003No. Bankruptcy No. 02 B 02474, Adversary No. 02 A 00814, No. 03 C 0098Published
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
GETTLEMAN, District Judge.
This matter is before the court on appeal from a dismissal by the bankruptcy court, with prejudice, for failure to state a claim upon which relief could be granted. For the reasons stated herein, the instant case is remanded to the bankruptcy court for action consistent with this opinion.
FACTS
On November 27, 1997, Shanri Holdings Corp. (“Shanri”), Kmart Corp. (“Kmart”), and Builders Square, Inc. entered into a “Termination of Lease and Settlement Agreement” (the “Settlement Agreement”), which settled pending litigation arising from…
2Cases cited9 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Meyer v. RigdonCourt of Appeals for the Seventh Circuit · 1994
- In the Matter of Compton Corp., Debtor. Walter Kellogg, Trustee v. Blue Quail Energy, Inc., and Mbank Abilene, N.A.Court of Appeals for the Fifth Circuit · 1988
- In the Matter of Barry Stuart Udell, Debtor-Appellee. Appeal of the Standard Carpetland Usa, Inc.Court of Appeals for the Seventh Circuit · 1994
- Griffin v. ZapataSupreme Court of Rhode Island · 1990
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