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CAPITOL BANK & TRUST OF CHICAGO v. FASCETTA

No. 84-2867.

771 F.2d 1077 (1985)

CAPITOL BANK & TRUST OF CHICAGO, Plaintiff-Appellee, v. Ross A. FASCETTA, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 29, 1985.

Attorney(s) appearing for the Case

Joel A. Stein, Laser, Schostok, Kolman & Frank, Chicago, Ill., for plaintiff-appellee.

Howard D. Hollander, Hollander & Hollander, Chicago, Ill., for defendant-appellant.

Before WOOD and COFFEY, Circuit Judges, and PECK, Senior Circuit Judge.

HARLINGTON WOOD, Jr., Circuit Judge.

In this bankruptcy dispute we must determine under Illinois law whether this particular land trust arrangement created an equitable mortgage with homestead rights preserved for the debtor and his wife.

I.

Fascetta, the debtor, became indebted to the Capitol Bank & Trust of Chicago by reason of a guarantee executed by him on October 9, 1980, for an amount not to exceed $218,000, in consideration of Capitol...

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