Legal Opinion

Exchange National Bank of Chicago v. Gotta (In Re Gotta)

United States Bankruptcy Court, W.D. Wisconsin

Decided March 1, 1985No. 3-18-13920PublishedCited by 33 opinions

1Opinion of the Court

ORDER

ROBERT D. MARTIN, Bankruptcy Judge.

On September 1, 1982, John D. Gotta (“Gotta”) signed a note to Exchange National Bank of Chicago (“Exchange”) in the principal sum of $720,000 plus interest at the rate of 2% over prime. The note was secured by a second mortgage on property located in Beloit (“Northgate Plaza”). An assignment of rents (the “assignment”) was executed in conjunction with the mortgage, which itself included an assignment of rents. The assignment was by its terms to become effective only upon Exchange taking possession of the premises. The mortgage assignment of rents was…

2Cases cited26 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Freedman's Saving & Trust Co. v. ShepherdSupreme Court of the United States · 1888
  3. United States Trust Co. v. Wabash Western Railway Co.Supreme Court of the United States · 1893
  4. Gilman v. Illinois and Mississippi Telegraph Company. Coykendall, Garnishee v. IdemSupreme Court of the United States · 1876
  5. Sage v. Memphis & Little Rock RailroadSupreme Court of the United States · 1888

21 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. In Re Prichard Plaza Associates Ltd. PartnershipUnited States Bankruptcy Court, D. Massachusetts · 1988
  2. SALINE STATE BANK, Appellant, v. Richard MAHLOCH, Eunice Mahloch, Dennis Mahloch and First National Bank of Chicago, Illinois, AppelleesCourt of Appeals for the First Circuit · 1987
  3. Kearney Hotel Partners v. Richardson (In Re Kearney Hotel Partners)United States Bankruptcy Court, S.D. New York · 1988
  4. In Re TM Carlton House Partners, Ltd.United States Bankruptcy Court, E.D. Pennsylvania · 1988
  5. United States v. Landmark Park & AssociatesCourt of Appeals for the Eighth Circuit · 1986

28 more not listed; retrieve them via the Exa API.

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