Legal Opinion
August v. Michigan Avenue National Bank (In re Michigan Avenue National Bank)
United States Bankruptcy Court, N.D. Illinois
Decided January 11, 1980No. Bankruptcy No. 77 B 5306PublishedCited by 11 opinions
1Opinion of the Court
OPINION AND ORDER
RICHARD L. MERRICK, Bankruptcy Judge.
SYNOPSIS
Because the legal principles at issue in this case are so far reaching they will be discussed before the facts are described in any detail. The principal issue in the case is whether the mortgagor or the mortgagee is entitled to residual rents collected during the administration of a Chapter XII proceeding subsequently dismissed for failure to file a plan. Illinois law governs all aspects of the case not controlled by federal law. The principal applicable Illinois statute was adopted August 7, 1961, has not been construed in any…
2Cases cited16 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Freedman's Saving & Trust Co. v. ShepherdSupreme Court of the United States · 1888
- Rohrer v. DeatherageIllinois Supreme Court · 1929
- In Re Lake's Laundry, Inc.Court of Appeals for the Second Circuit · 1935
- Barrett v. HinckleyIllinois Supreme Court · 1888
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- General Motors Acceptance Corp. v. Willis (In Re Willis)United States Bankruptcy Court, N.D. Illinois · 1980
- United States v. Landmark Park & AssociatesCourt of Appeals for the Eighth Circuit · 1986
- United States v. BestUnited States Court of Military Appeals · 1955
- In Re GelwicksUnited States Bankruptcy Court, N.D. Illinois · 1987
- In Re HeiseyUnited States Bankruptcy Court, D. New Jersey · 1988
6 more not listed; retrieve them via the Exa API.