News & Analysis as of

Kmart Commercial Bankruptcy

Burr & Forman

Keep Your Friends Close, but Keep Your Critical Vendors Closer

Burr & Forman on

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...more

BCLP

The Jevic Files Continue: Pioneer-ing the Post-Jevic Era, and Wondering if Jevic Altered Critical Vendor Theory After All?

BCLP on

The Supreme Court’s Jevic ruling last spring remains a treasure trove of bankruptcy theory, suitable for the novice bankruptcy student and highly instructional for those of us who have practiced in chapter 11 for years. We at...more

Shumaker, Loop & Kendrick, LLP

Kmart Bankruptcy, Part Deux

It’s no secret that Kmart is facing another liquidity crisis. Just over ten years after Sears rescued the discount retailer from bankruptcy in 2006, the pioneer of the “blue light special” is destined for another, and...more

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