In the fall, lawyers for the retirees will argue in Ontario Superior Court that they should move to the front of the line, ahead of other creditors still waiting to be paid the debt Sears owes them. “This is not the same type of debt as merchandise or landlords,” SCRG’s Ken​ Eady said of Sears’s underfunded pension plan. “The company’s obligation was to have it fully funded, and they failed.”