IN RE OCTAGON ROOFING

Bankruptcy No. 90 B 08656, Adv. No. 90 A 0873.

124 B.R. 522 (1991)

In re OCTAGON ROOFING d/b/a Western Modified Roofing, Debtor. Donald JOHNSON, Trustee for the Estate of Octagon Roofing d/b/a Western Modified Roofing, Plaintiff, v. NBD PARK RIDGE BANK, Defendant.

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

February 22, 1991.


Attorney(s) appearing for the Case

Donald E. Johnson, Hollis and Johnson, Chicago, Ill., for plaintiff.

Bruce Dopke, Schwartz, Cooper, Kolb & Gaynor, Chicago, Ill., for NBD Park Ridge Bank.


MEMORANDUM OPINION ON DEFENDANT'S MOTION TO DISMISS

JACK B. SCHMETTERER, Bankruptcy Judge.

Donald E. Johnson ("Trustee"), Chapter 7 trustee in bankruptcy for the estate of Octagon Roofing ("Debtor"), filed this Adversary Complaint seeking in three alternate Counts to avoid a second mortgage lien and guaranty granted by Debtor to the Defendant NBD Park Ridge Bank ("Bank"). The Adversary Complaint also sought an order allowing sale of Debtor's real property...

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