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Legal Opinion

Johnson v. NBD Park Ridge Bank (In Re Octagon Roofing)

United States Bankruptcy Court, N.D. Illinois

Decided February 22, 1991No. 17-12056PublishedCited by 20 opinions

1Opinion of the Court

MEMORANDUM OPINION ON DEFENDANT’S MOTION TO DISMISS

JACK B. SCHMETTERER, Bankruptcy Judge.

Donald E. Johnson (“Trustee”), Chapter 7 trustee in bankruptcy for the estate of Octagon Roofing (“Debtor”), filed this Adversary Complaint seeking in three alternate Counts to avoid a second mortgage lien and guaranty granted by Debtor to the Defendant NBD Park Ridge Bank (“Bank”). The Adversary Complaint also sought an order allowing sale of Debtor’s real property pursuant to Sections 363(f)(3) and 363(f)(4) of the U.S. Bankruptcy Code (“Code”), Title 11 U.S.C. In the related bankruptcy proceeding, the…

2Cases cited26 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Louis W. Levit, Trustee of V.N. Deprizio Construction Co. v. Ingersoll Rand Financial CorporationCourt of Appeals for the Seventh Circuit · 1989
  3. Joseph A. Mescall v. Clark BurrusCourt of Appeals for the Seventh Circuit · 1979
  4. In the Matter of Arthur D. And Patricia Newcomb, Debtors. Thomas J. Carlson, Trustee v. Farmers Home AdministrationCourt of Appeals for the Eighth Circuit · 1984
  5. In the Matter of Donald Eugene Bundles, Debtor-Appellant. In Re Donald Eugene Bundles v. William J. Baker, Indiana National Bank and James C. WellsCourt of Appeals for the Seventh Circuit · 1988

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3Cited by20 opinions

  1. Schubert v. Lucent Technologies Inc. (In Re Winstar Communications, Inc.)Court of Appeals for the Third Circuit · 2009
  2. Official Committee of Unsecured Creditors of Radnor Holdings Corp. v. Tennenbaum Capital Partners, LLC (In Re Radnor Holdings Corp.)United States Bankruptcy Court, D. Delaware · 2006
  3. Official Unsecured Creditors' Committee of Broadstripe, LLC Ex Rel. Estate of Broadstripe, LLC v. Highland Capital Management, L.P. (In Re Broadstripe, LLC)United States Bankruptcy Court, D. Delaware · 2010
  4. Mitchell Bank v. SchankeWisconsin Supreme Court · 2004
  5. Official Committee of Unsecured Creditors of Crystal Medical Products, Inc. v. Houpt (In Re Crystal Medical Products, Inc.)United States Bankruptcy Court, N.D. Illinois · 1999

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