IN RE HENDLEMAN

Bankruptcy No. 87 B 7143.

91 B.R. 475 (1988)

In re James A. HENDLEMAN, Debtor.

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

August 15, 1988.


Attorney(s) appearing for the Case

Michael R. Ralph, Mary Hylton, Richards, Ralph & Eiden, Chtd., Vernon Hills, Ill., for debtor.

Jonathan S. Waller, Wildman, Harrold, Allen & Dixon, Chicago, Ill., for 1st Midwest Bank.

Faye B. Feinstein, Jamie K. Miller, Antonow & Fink, Chicago, Ill.

Office of Craig Phelps, Chicago, Ill., for Standing Trustee.

Katherine G. File, Robert W. Greene, Pierce & Associates, Chicago, Ill.


MEMORANDUM OPINION

RONALD S. BARLIANT, Bankruptcy Judge.

The Debtor has moved to modify his confirmed Chapter 13 plan and First Midwest Bank of Waukegan has moved for an Order declaring that it has an equitable mortgage on the Debtor's residence. At issue is the disposition of the net proceeds (after payment of a first mortgage and other charges against the property) of the sale of that residence. The proposed modification, in essence, contains two alternatives...

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