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MATTER OF BAKER

No. 96-3685.

114 F.3d 636 (1997)

In the Matter of Jerome D. BAKER, Debtor. Appeal of LaSALLE BANK NI.

United States Court of Appeals, Seventh Circuit.

Decided May 19, 1997.

As Amended on Denial of Rehearing June 4, 1997.

Attorney(s) appearing for the Case

Robert Boehm, Konstantinos Armiros (argued), Boehm, Pearlstein & Bright, Chicago, IL, for Appellant.

Eugene Crane, David K. Welch (argued), Arthur G. Simon, Dannen, Crane, Heyman & Simon, Chicago, IL, for Debtor-Appellee.

Before EASTERBROOK, KANNE, and DIANE P. WOOD, Circuit Judges.

EASTERBROOK, Circuit Judge.

Jerome Baker and his family operated Bakco Data, Inc., which had a profit-sharing pension plan. When the firm encountered financial difficulties, Baker and three of his children borrowed from the plan and used the money as working capital for Bakco. Some of the checks were written directly to Bakco. The loans were not properly documented and exceeded permissible levels; the borrowers did not attempt to repay the loans; but at least disbursements...

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