Legal Opinion
Kress Road Partnership v. First Federal Savings & Loan Ass'n of Elgin (In Re Kress Road Partnership)
United States Bankruptcy Court, N.D. Illinois
Decided September 25, 1991No. 19-05457PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION
JOHN D. SCHWARTZ, Chief Judge.
The Defendant, First Federal Savings & Loan Association of Elgin 1 (“First Federal”), has moved to dismiss counts one, four, five and six of the First Amended Complaint and Jury Demand (“Complaint”) of the Plaintiff-Debtor Kress Road Partner ship (“Kress Road” or “Partnership”). 2 Three grounds are set forth in support of First Federal’s Motion: (i) The Complaint fails to set forth a claim upon which relief can be granted, (ii) The state court Judgment of Foreclosure and Sale is res judica-ta and (iii) Kress Road is collaterally es-topped by the…
2Cases cited20 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Butner v. United StatesSupreme Court of the United States · 1979
- Charles Yeksigian v. Ralph Nappi, Howard Nicholas, and City of ChicagoCourt of Appeals for the Seventh Circuit · 1990
- Ray J. Belisle v. Oliver Plunkett, Monica Plunkett, and Ralph C. Anzivino, TrusteeCourt of Appeals for the Seventh Circuit · 1989
- Robinson v. Chicago National BankAppellate Court of Illinois · 1961
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3Cited by3 opinions
- Burns v. Bank of AmericaDistrict Court, S.D. New York · 2008
- Hodges v. CIT Group (In Re Hodges)United States Bankruptcy Court, N.D. Illinois · 2006
- Kress Road Partnership v. First Federal Savings & Loan Ass'n of Elgin (In Re Kress Road Partnership)United States Bankruptcy Court, N.D. Illinois · 1991