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SMITH TRUST & SAV. BANK v. YOUNG

No. 3-98-0758.

727 N.E.2d 1042 (2000)

312 Ill. App.3d 853

245 Ill.Dec. 308

SMITH TRUST & SAVINGS BANK, an Illinois banking corporation, Plaintiff-Appellant, v. Lauren A. YOUNG and M. Jeanette Young, Defendants-Appellees.

Appellate Court of Illinois, Third District.

As Modified April 4, 2000.

Attorney(s) appearing for the Case

M. Tod Melton (argued), Ludens, Potter & Burch, Morrison, for Smith Trust and Savings Loan.

Bernard J. Natale (argued), Rockford, for Lauren A. Young, M. Jeanette Young.

MODIFIED ON DENIAL OF PETITION FOR REHEARING

Justice LYTTON delivered the opinion of the court:

Paul D. Young took out two promissory notes with Smith Trust and Savings Bank; his parents, Lauren and M. Jeanette Young (Youngs) co-signed the notes. When Paul and his wife (children) failed to repay the notes, the bank filed a complaint in state court. The children subsequently filed for bankruptcy and removed the bank's complaint to the bankruptcy court. The...

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