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Legal Opinion

Raymond Professional Group, Inc. v. William A. Pope Co. (In Re Raymond Professional Group, Inc.)

United States Bankruptcy Court, N.D. Illinois

Decided July 21, 2009No. 19-05151PublishedCited by 7 opinions

1Opinion of the Court

FINDINGS OF FACT AND CONCLUSIONS OF LAW AFTER TRIAL ON COUNT VI

JACK B. SCHMETTERER, Bankruptcy Judge.

Table of Contents

HISTORY AND PLEADINGS.720

FINDINGS OF FACT.722

Summary of the Findings of Fact.722

JURISDICTION.727

CONCLUSIONS OF LAW.727

Introduction .727

I. FUNDS IN THE ACCOUNT ARE HELD IN A PREBANKRUPTCY TRUST FOR POPE UNDER THE ILLINOIS MECHANICS LIEN ACT..728

a. Pope did not •waive its lien tights by viHue of the September ¿6, 2001 “Final” Lien Waiver..729

b. Pope teas not required to file and therefore did not fail to file timely its lien claim. Accordingly, it did not allow its rights under…

2Cases cited71 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Butner v. United StatesSupreme Court of the United States · 1979
  3. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  4. Brandon v. HoltSupreme Court of the United States · 1985
  5. Celotex Corp. v. EdwardsSupreme Court of the United States · 1995

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

3Cited by7 opinions

  1. Raymond Professional Group, Inc. v. William A. Pope Co. (In Re Raymond Professional Group, Inc.)United States Bankruptcy Court, N.D. Illinois · 2009
  2. Raymond Professional Group, Inc. v. William A. Pope Co. (In Re Raymond Professional Group, Inc.)United States Bankruptcy Court, N.D. Illinois · 2009
  3. Secure Leverage Group, Inc. v. Bodenstein (In re Peregrine Financial Group, Inc.)United States Bankruptcy Court, N.D. Illinois · 2013
  4. Raymond Professional Group, Inc. v. William A. Pope Co. (In Re Raymond Professional Group, Inc.)United States Bankruptcy Court, N.D. Illinois · 2009
  5. Raymond Professional Group, Inc. v. William A. Pope Co. (In Re Raymond Professional Group, Inc.)United States Bankruptcy Court, N.D. Illinois · 2010

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

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