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CAPITAL FACTORS, INC. v. KMART CORP.

No. 02 C 1264.

291 B.R. 818 (2003)

CAPITAL FACTORS, INC., Appellant, v. KMART CORPORATION, Appellee.

United States District Court, N.D. Illinois, Eastern Division.

April 10, 2003.

Attorney(s) appearing for the Case

Peter John Roberts, Jeremy Craig Kleinman, D'Ancona & Pflaum, Steven Bennett Towbin, Shaw, Gussis, Fishman, Glantz, Wolfson & Towbin, LLC, Chicago, IL, for appellant.

Christina M. Tchen, Charles F. Smith, Jr., John William Butler, Jr., Victoria Aisen Birov, Skadden, Arps, Slate, Meagher & Flom, Chicago, IL, for appellee.

MEMORANDUM OPINION

GRADY, District Judge.

Capital Factors, Inc. appeals from four final orders of the bankruptcy court that authorized Kmart to pay certain prepetition obligations. For the reasons explained below, the bankruptcy court's orders are reversed.

BACKGROUND

On January 22, 2002, Kmart Corporation and certain of its domestic subsidiaries and affiliates, debtors and debtors-in-possession (collectively, "Kmart") filed...

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