In the Matter of MEMORIAL ESTATES, INCORPORATED, Debtor.
Appeal of CEMCO, INCORPORATED, William L. Needler.
United States Court of Appeals, Seventh Circuit.https://leagle.com/images/logo.png
Argued May 17, 1991.
Decided December 30, 1991.
Rehearing and Rehearing Denied January 23, 1992.
As Amended February 26, 1992.
Attorney(s) appearing for the Case
Thomas G. Poulakidas, Poulakidas & Wood, Chicago, Ill.; William L. Needler (argued), Ogallala, Neb.; and James C. Truax, Chicago, Ill., for appellants.
Richard J. O'Brien, Monica Rimai, Sidley & Austin; George L. Grumley (argued), Marjorie E. McCollom, Douglas J. Bank, James T. Avery, Michael R. Enright, Lisa Gordon, Arvey, Hodes, Costello & Burman; Gene Sinclair, Charlotte Nuss, Chicago Bank of Commerce; Robert P. Sheridan (argued); Barbara Stackler, Asst. Atty. Gen., Office of the Atty. Gen.; Victor L. Lewis, Vedder, Price, Kaufman & Kammholz, Chicago, Ill.; Richard Willard, Asst. U.S. Atty., Gregory C. Sisk, Dept. of Justice, Civ. Div., Washington, D.C.; John Karras; Allen S. Gerrard, Chicago, Ill.; George T. Shapen, Northlake, Ill.; Thomas W. Kearney, Sidley & Austin; Nathan M. Cohen, Arvey, Hodes, Costello & Burman; Norman B. Newman, Much, Shelist, Freed, Denenberg, Ament & Eiger; Paul F. Stack, Stack, Filpi & Kakacek; James R. Sneider, Sneider & Troy; Norman L. Hafron, Rosenfeld Totenberg, Schwartzman, Hafron & Shaprio; James A. Stamos; John Karras; and James C. Munson, Kirkland & Ellis, Chicago, Ill., for debtors-appellees.
Before COFFEY, MANION and KANNE, Circuit Judges.
United States Court of Appeals, Seventh Circuit.
Rehearing and Rehearing En Banc Denied January 23, 1992.
KANNE, Circuit Judge.
Chicago Bank of Commerce n/k/a Associated Bank ("Bank") sought to foreclose on a trust deed held on cemetery property after the mortgagor, Memorial Estates, Inc., defaulted on the loan secured by the mortgage. The foreclosure action was filed in an Illinois state court but was removed to the bankruptcy court when Memorial Estates declared bankruptcy. After an evidentiary hearing...
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