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IN RE KMART CORP.

No. 05-1488.

434 F.3d 536 (2006)

In the Matter of: KMART CORPORATION, Debtor-Appellee. Appeal of: Capital One Bank; Capital One, F.S.B.; and Capital One Services, Inc., Appellants.

United States Court of Appeals, Seventh Circuit.

Decided January 4, 2006.

Rehearing and Rehearing Denied January 30, 2006.

Attorney(s) appearing for the Case

Floyd Babbitt, Fagel & Haber, Chicago, IL, Adam A. Lewis (argued), Morrison & Forester, San Francisco, CA, for Appellant.

Michael D. Shumsky, Kirkland & Ellis, Washington, DC, Peter D. Doyle (argued), Kirkland & Ellis, New York, NY, for Debtor-Appellee.

Before EASTERBROOK, MANION, and ROVNER, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 30, 2006.

EASTERBROOK, Circuit Judge.

One of the many contested matters in Kmart's bankruptcy was whether the debtor could assume an executory contract with Capital One Bank providing for a co-branded credit card. Kmart wanted to continue the arrangement, while Capital One did not want its brand to be associated with a bankrupt retailer. After a trial, Bankruptcy Judge Sonderby held that Kmart is entitled to assume...

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