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IN RE KMART CORP.

Nos. 03-1956, 03-1999, 03-2000, 03-2001, 03-2035, 03-2262, 03-2346, 03-2347, 03-2348.

359 F.3d 866 (2004)

In the Matter of: KMART CORPORATION, Debtor-Appellant Additional intervening appellants: Knight-Ridder, Inc.; Handleman Company; Irving Pulp & Paper, Limited.

United States Court of Appeals, Seventh Circuit.

Decided February 24, 2004.

Attorney(s) appearing for the Case

Steven B. Towbin (argued), Peter J. Roberts, Shaw, Gussis, Fishman, Glantz, Wolfson & Towbin, Chicago, IL, for appellee.

Richard C. Godfrey (argued), Kirkland & Ellis, Chicago, IL, for intervenor-appellant.

Andrew N. Goldman, Wilmer, Cutler & Pickering, New York, NY, William J. Barrett, Barack, Ferrazzano, Kirschbaum, Perlman & Nagelberg, Chicago, IL, for debtor-appellant.

George Eric Brunstad, Jr., Bingham McCutchen, Hartford, CT, for appellant Irving Pulp & Paper, Limited.

Joseph D. Frank (argued), Neal, Gerber & Eisenberg, Chicago, IL, for appellant Knight-Ridder, Inc.

Kevin D. Finger, Greenberg Traurig, Chicago, IL, for amicus curiae Meridian Retail Inc.

Before EASTERBROOK, MANION, and ROVNER, Circuit Judges.

EASTERBROOK, Circuit Judge.

On the first day of its bankruptcy, Kmart sought permission to pay immediately, and in full, the pre-petition claims of all "critical vendors." (Technically there are 38 debtors: Kmart Corporation plus 37 of its affiliates and subsidiaries. We call them all Kmart.) The theory behind the request is that some suppliers may be unwilling to do business with a customer that is behind in payment, and, if it cannot obtain the merchandise that...

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