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MATTER OF HUNTINGTON COMMONS ASSOCIATES

No. 93-2902.

21 F.3d 157 (1994)

In the Matter of HUNTINGTON COMMONS ASSOCIATES, an Illinois Limited Partnership, Debtor. Appeal of Barry KREISLER.

United States Court of Appeals, Seventh Circuit.

Decided April 5, 1994.

Attorney(s) appearing for the Case

Paul M. Bauch (argued) and David D. Cleary, Bell, Boyd & Lloyd, Chicago, IL, for plaintiff-appellee.

Robert W. Matanky (argued), Kreisler & Matanky, Chicago, IL, for defendant-appellant and debtor.

Before POSNER, Chief Judge, CUDAHY, Circuit Judge, and McDADE, District Judge.

CUDAHY, Circuit Judge.

Huntington Common Associates owns a multi-family housing project in Aurora, Illinois. Huntington defaulted on a loan, and GMAC Associates, one of its creditors, brought a foreclosure action in state court. Huntington then filed a Chapter 11 petition in the bankruptcy court. The parties agreed that the foreclosure action should go forward, despite the automatic stay, but that the action should be removed to the bankruptcy court. The bankruptcy...

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