IN RE APEX AUTOMOTIVE WAREHOUSE, L.P.

Bankruptcy Nos. 96 B 04594, 96 B 04596. Adversary No. 96 A 01618.

238 B.R. 758 (1999)

In re APEX AUTOMOTIVE WAREHOUSE, L.P., an Illinois limited partnership, and The Whitlock Corporation, a Minnesota corporation, Debtors. John T. Grigsby, Jr., Trustee for the Apex Automotive Warehouse, L.P. and The Whitlock Corporation Creditor Trust, Plaintiff, v. David Carmell, Cedas Realty, Inc., Sammy of Illinois, Inc., and Ellen Carmell, Defendants.

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

September 21, 1999.


Attorney(s) appearing for the Case

Joseph A. Friedman, Kenneth C. Johnston, Kane Russell Coleman & Logan, P.C., Dallas, TX, for Plaintiff.

Gregory J. Jordan, Jordan & Oddo, Chicago, IL, for Defendant.


FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION

ERWIN I. KATZ, Bankruptcy Judge.

This matter comes before the Court on four counts1 of the multi-count First Amended Complaint (the "Complaint") of John T. Grigsby, Jr., Trustee for the Apex Automotive Warehouse, L.P. and the Whitlock Corporation Creditor Trust (the "Trustee") against David Carmell ("Carmell"), Cedas Realty...

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