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IN RE 203 NORTH LASALLE STREET PARTNERSHIP

Bankruptcy No. 95-B-04998, Adversary No. 99-A-01168.

246 B.R. 325 (2000)

In re 203 NORTH LaSALLE STREET PARTNERSHIP, Debtor. Bank of America, National Ass'n, Plaintiff, v. North LaSalle Street Limited Partnership, Defendant.

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

March 10, 2000.

Attorney(s) appearing for the Case

Thomas S. Kiriakos, Beverly J. Klein, Mayer, Brown & Platt, Chicago, IL, for Bank of America, N.A.

Kenneth N. Klee, Martin R. Barash, Klee Tuchin & Bogdanoff LLP, Los Angeles, CA, for North LaSalle Street Limited Partnership.

MEMORANDUM OF OPINION

EUGENE R. WEDOFF, Bankruptcy Judge.

This adversary proceeding seeks a declaratory judgment as to the effect of subordination agreements on plan confirmation proceedings in a Chapter 11 case. The adversary is before the court on a motion for summary judgment, and there are two issues in dispute: (1) whether senior status under the subordination agreements should be accorded to an artificial deficiency claim created by § 1111(b)...

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