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The Retail Debtor's 'Year in Review'

By Adam Rogoff and Deborah Piazza
November 29, 2004

Welcome to the most magical time of a retailer's year — the Holiday Selling Season. It seems fitting as retailers enter this “make-it-or-break-it” period that we examine the Retail Debtors' Year in Review. After all, if Santa is kind to bankruptcy professionals, a few retailers currently holding on will go down the … chimney.

If 2004 provides any indication as to how some courts are approaching issues affecting retailers, various courts were anti-vendor in special relief; pro-contract party regarding assumption and assignment issues; and, when it comes to the asset-disposition auction process, it is anybody's game!

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