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IN RE KMART CORP.

No. 03 C 4759.

315 B.R. 718 (2004)

In re KMART CORPORATION, et al., Debtors. Susan Brooks, Appellant, v. Kmart Corporation, Appellee.

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

September 27, 2004.

Attorney(s) appearing for the Case

Richard C. Levine, Law Office of Richard C. Levine, Pittsburgh, PA, for appellant.

William John Barrett, Barack, Ferrazzano, Kirschbaum, Perlman & Nagelberg, Chicago, IL, David E. Springer, Charles F. Smith, Jr., John Wm. Butler, Jr., Rebecca M. Girsch, Christopher P. Connors, Skadden Arps Slate Meagher & Flom, LLP, Paul R.Q. Wolfson, Wilmer, Cutler & Pickering, Washington, DC, for appellee.

MEMORANDUM OPINION AND ORDER

PALLMEYER, District Judge.

Susan Brooks seeks leave to appeal from the decision of the Bankruptcy Court, Judge Susan P. Sonderby, denying her motion for leave to file an untimely proof of claim in the Chapter 11 proceedings for appellee Kmart Corporation. Kmart argues that the court has no jurisdiction over Brooks's appeal, as it was not filed within the ten-day period prescribed by Bankruptcy Rule 8002(a), and the Bankruptcy...

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