The Seventh Circuit Court of Appeals’s 2004 decision in Kmart is the most frequently cited case on critical-vendor motions. In Kmart, the Seventh Circuit, in an opinion authored by Hon. Frank Easterbrook, affirmed a district court order setting aside a bankruptcy court order approving critical-vendor payments.
Originally Published in the ABI Journal, Vol. XXXIX, No. 8 - August 2020.
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