Legal Opinion

Knopfler v. Schraiber (In Re Schraiber)

United States Bankruptcy Court, N.D. Illinois

Decided March 22, 1989No. 19-04401PublishedCited by 13 opinions

1Opinion of the Court

MEMORANDUM OPINION ON LYONS SAVINGS BANK’S MOTION TO DISMISS COUNTS 1 AND 51 OF THE FIRST AMENDED COMPLAINT

JACK B. SCHMETTERER, Bankruptcy Judge.

Pleadings and Issues

Defendant Lyons Savings Bank has moved to dismiss Counts 1 and 51 of the First Amended Complaint. For reasons set forth below, that motion is denied.

The Complaint filed by the Trustee seeks diverse relief including Court authority to sell a shopping mall located in Niles, Illinois (the “Mall”). Legal title to the Mall is held by the American Bank & Trust Company land trust no. 91305 (the “Trust”). The 100% beneficial interest to…

2Cases cited16 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Scheuer v. RhodesSupreme Court of the United States · 1974
  3. Chicot County Drainage District v. Baxter State BankSupreme Court of the United States · 1940
  4. In Re N.S. Garrott & Sons and Eastern Arkansas Planting Company, a Joint Venture. N.S. Garrott & Sons, an Arkansas General Partnership, Eastern Arkansas Planting Company, an Arkansas General Partnership v. Union Planters National Bank of Memphis and Crittenden Abstract & Title Co., Inc. Chicago Title Insurance Company, Intervenor, in Re N.S. Garrott & Sons and Eastern Arkansas Planting Company, a Joint Venture. N.S. Garrott & Sons, an Arkansas General Partnership, Eastern Arkansas Planting Company, an Arkansas General Partnership v. Union Planters National Bank of Memphis, Crittenden Abstract & Title Co., Inc., Chicago Title Insurance Company, IntervenorCourt of Appeals for the Eighth Circuit · 1985
  5. Joseph A. Mescall v. Clark BurrusCourt of Appeals for the Seventh Circuit · 1979

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3Cited by13 opinions

  1. Koken v. Reliance Group Holdings, Inc. (In Re Reliance Group Holdings, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 2002
  2. All American Laundry Service v. Ascher (In Re Ascher)United States Bankruptcy Court, N.D. Illinois · 1991
  3. Cardinal Industries, Inc. v. Buckeye Federal Savings & Loan Ass'nUnited States Bankruptcy Court, S.D. Ohio · 1989
  4. Schroeder v. New Century Holdings, Inc. (In Re New Century Holdings, Inc.)United States Bankruptcy Court, D. Delaware · 2008
  5. DeFlora Lake Development Associates, Inc. v. Hyde Park (In re DeFlora Lake Development Associates, Inc.)United States Bankruptcy Court, S.D. New York · 2017

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