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IN RE BRAGIEL

Bankruptcy No. 91 B 04211, Adv. No. 91 A 01117.

151 B.R. 186 (1993)

In re Frederick A. BRAGIEL, Debtor. Phillip D. LEVEY, not individually, but as Trustee of the Bankruptcy Estate of Frederick A. Bragiel, Plaintiff, v. BURKE, WILSON & McILVAINE, an Illinois partnership; Burke, Griffin, Chomicz & Wienke, P.C., an Illinois corporation; and Boulevard Bank National Association, Defendants.

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

February 19, 1993.

Attorney(s) appearing for the Case

David E. Cohen, Cohen & Krol, Chicago, IL, for plaintiff Phillip Levey.

Joan M. Fencik, Wildman, Harrold, Allen & Dixon, Chicago, IL, for Boulevard Bank Nat. Ass'n.

Edward J. Lesniak, Burke, Warren & Mackay, P.C., Chicago, IL, for Burke, Griffin, Chomicz & Weinke.

Malcom M. Gaynor, Martin Salzman, Eric S. Rein, Schwartz, Cooper, Kolb & Gaynor, Chicago, IL, for 1st Nat. Bank of Cicero.

Thomas J. Magill, Wilson & McIlvaine, Chicago, IL, for Wilson & McIlvaine.

Neil P. Gantz, Chicago, IL, for debtor Frederick A. Bragiel.

Phillip D. Levey, Chicago, IL, trustee.

Paul Hoffman, Keck, Mahin & Cate, Chicago, IL, for Bank One Evanston, N.A. (formerly known as First Illinois Bank of Evanston, N.A.).

MEMORANDUM OPINION

RONALD S. BARLIANT, Bankruptcy Judge.

This proceeding involves a debtor's pledge of his shares of stock in a law firm, an Illinois professional corporation. The Trustee has moved for summary judgment on its count to avoid an alleged security interest claimed in the shares. The determinative issues are whether Article 8 or Article 9 of the Illinois Commercial Code governs and whether the alleged secured creditor perfected its security interest...

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