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IN RE WILMETTE PARTNERS

Bankruptcy No. 83 B 8493, Adv. No. 83 A 2567.

34 B.R. 958 (1983)

In re WILMETTE PARTNERS, Debtor. Jerrol L. ISEBERG, Plaintiff, v. EXCHANGE NATIONAL BANK AND TRUST COMPANY OF CHICAGO, Brian Harris, as Executor of the Estate of Maurice Harris, Henry Gendell, Julian J. Golding, Bernard M. Weinstein, Beverly Didech, Burton D. Scheck, and Paul Pinkus, Defendants.

United States Bankruptcy Court, N.D. Illinois, E.D.

November 30, 1983.

Attorney(s) appearing for the Case

David Pauker, Juron, Pauker & Rubin, Chicago, Ill., for plaintiff.

David Missner, Schwartz, Cooper, Kolb & Gaynor, Chicago, Ill., for Exchange Bank.

MEMORANDUM OPINION

FREDERICK J. HERTZ, Bankruptcy Judge.

I.

The issues presented in this controversy principally revolve around the interpretation and applicability of the provisions contained in 11 U.S.C. § 362(e) (Supp. V 1981). Specifically, this case involves a situation where a creditor conducted the sale of a parcel of real estate without seeking court approval. The creditor relies on a literal interpretation of Section 362(e) in maintaining...

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