Legal Opinion
Bruegge v. WBCMT 2007-C33 Mid America Lodging, LLC (In re Hie of Effingham, LLC)
United States Bankruptcy Court, S.D. Illinois
Decided March 29, 2013No. Bankruptcy No. 10-60534; Adversary No. 12-6024PublishedCited by 3 opinions
1Opinion of the Court
OPINION
WILLIAM V. ALTENBERGER, Bankruptcy Judge.
This matter is before the Court on the Trustee’s Motion to Modify the Stipulation and Agreed Order resolving WBCMT 2007-C33 Mid America Lodging, LLC’s (the “Defendant”) Motion for Relief from Stay as well as on the Defendant’s Motion to Dismiss the Trustee’s Complaint to Avoid Mortgage Lien.
FACTS
HIE of Effingham, LLC (the “Debtor”) filed a petition under Chapter 11 on September 27, 2010. Prior to and throughout the course of its Chapter 11 case, the Debtor operated a Holiday Inn Express in Effingham, Illinois.
In 2007, the Debtor borrowed $7.2…
2Cases cited49 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
- BedRoc Limited, LLC v. United StatesSupreme Court of the United States · 2004
- Lopez v. DavisSupreme Court of the United States · 2001
- Paul J. Grella, Trustee v. Salem Five Cent Savings BankCourt of Appeals for the First Circuit · 1994
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3Cited by3 opinions
- In re CraneCourt of Appeals for the Seventh Circuit · 2013
- PNC Bank, National Ass'n v. NordwallDistrict Court, C.D. Illinois · 2013
- Robert Bruegge v. Farmer State Bank of HoffmanCourt of Appeals for the Seventh Circuit · 2013