IN RE KLEIN

Bankruptcy Nos. 87 A 0535, 86 B 19937.

83 B.R. 968 (1988)

In re Wayne J. KLEIN, Debtor. HARRIS TRUST AND SAVINGS BANK, Plaintiff, v. Wayne J. KLEIN and Klein Corporation, Defendants.

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

March 23, 1988.


Attorney(s) appearing for the Case

Ilene F. Goldstein, Andrea M. Hauser, Chadwell & Kayser, Ltd., Chicago, Ill., for the trustee of the Estate of the defendant, Wayne J. Klein.

Melanie Rovner Cohen, John H. Ward, Antonow & Fink, Chicago, Ill., for the plaintiff.


OPINION AND ORDER ON SUMMARY JUDGMENT

SUSAN PIERSON DEWITT, Bankruptcy Judge.

This matter comes before the Court on plaintiff's motion for summary judgment. It presents two issues for this Court to decide. First, is it proper to decide on summary judgment the plaintiff's claim that it possesses a security interest in certain collateral pledged by the defendant? Second, if so, does the plaintiff, as a matter of law, possess such a security interest?

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