IN RE HEARTLAND CHEMICALS, INC.

Bankruptcy No. 86-70753, Adv. No. 87-7201.

103 B.R. 1018 (1989)

In re HEARTLAND CHEMICALS, INC., an Illinois corporation, Debtor. UNSECURED CREDITORS' COMMITTEE, for itself and on Behalf of HEARTLAND CHEMICALS, INC., Plaintiff, v. BANQUE PARIBAS, a French banking corporation, Defendant.

United States Bankruptcy Court, C.D. Illinois.

May 1, 1989.


Attorney(s) appearing for the Case

Emmet Fairfield, Springfield, Ill., David F. Heroy, Chicago, Ill., for plaintiff.

Janet Henderson, Chicago, Ill., James M. Mulvaney, Danville, Ill., for defendant.

Clyde Meachum, Danville, Ill., David A. Missner, Chicago, Ill., for debtor.


OPINION

LARRY L. LESSEN, Chief Judge.

This matter is before the Court on the motion of the Defendant, Banque Paribas (the "Bank"), to strike the jury demand of the Plaintiff, the Unsecured Creditors' Committee (the "Committee") of Heartland Chemicals, Inc. The motion to strike raises three issues: (1) Whether the Committee is bound by the Debtor's waiver of its right to a jury trial in the 1985 Loan and Security Agreement; (2) Whether the Committee has a...

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