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CHRISTIAN v. CITIBANK, F.S.B.

No. 96 C 5943.

214 B.R. 352 (1997)

Dorsey CHRISTIAN, Jr., Plaintiff-Appellant, v. CITIBANK, F.S.B. and Illinois Real Estate Opportunity Fund I, Defendants-Appellees.

United States District Court, N.D. Illinois, Eastern Division.

November 5, 1997.

Attorney(s) appearing for the Case

Jeffrey B. Rose, Tishler & Wald, Chicago, IL, for Appellant.

Steven B. Bashaw, McBride, Baker & Coles, Chicago, IL, for Appellee.

Melvin J. Kaplan, Law Offices of Melvin J. Kaplan, Chicago, IL.

Craig Phelps, Chapter 13 Trustee, Chicago, IL.

MEMORANDUM OPINION AND ORDER

BUCKLO, District Judge.

The issues on appeal in this bankruptcy case turn on a determination of whether a debtor, pursuant to 11 U.S.C. § 1322(c)(1), has a right to cure a mortgage default subsequent to a foreclosure sale but prior to judicial confirmation of that sale. The bankruptcy court held that the plaintiff, Dorsey Christian, Jr., lacked any right to cure his default following the foreclosure sale. Based in...

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