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AURORA TOWER FINANCE CORP. v. CERVANTES

No. 70-208.

1 Ill. App.3d 208 (1971)

272 N.E.2d 304

AURORA TOWER FINANCE CORPORATION, Plaintiff-Appellant, v. EFFANIO CERVANTES et al., Defendants-Appellees.

Appellate Court of Illinois — Second District.

August 5, 1971.

Attorney(s) appearing for the Case

Redman, Shearer, O'Brien and Blood, of St. Charles, for appellant.

George W. Presbrey, of Aurora, for appellees.

Judgment affirmed.

Mr. PRESIDING JUSTICE MORAN delivered the opinion of the court:

Plaintiff confessed judgment on defendants' note. Defendants secured opening of the judgment and pleaded that the debt underlying the judgment was barred by a discharge in bankruptcy. Plaintiff replied claiming that the discharge, as to it, was prevented because the loan was based upon defendants' fraudulent financial statement. After a bench trial, the judge found plaintiff...

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