SMITH v. PHOENIX BOND & INDEM.

No. 02 C 6348, Bankruptcy No. 00 B 22481.

288 B.R. 793 (2002)

Kevin SMITH and Homeside Lending, Inc., Debtor-Appellants, v. PHOENIX BOND & INDEMNITY, Appellee.

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

December 18, 2002.


Attorney(s) appearing for the Case

David Joel Chizewer, Randall Lee Klein, A. Colin Wexler, Goldberg, Kohn, Bell, Black, Rosenbloom & Moritz, Ltd., Chicago, IL, Dennis G. Knipp, Niles, IL, for Appellants.

Stanford D. Marks, Attorney at Law, Chicago, IL, for Appellee.


MEMORANDUM OPINION AND ORDER

MORAN, Senior District Judge.

On September 27, 2002, Homeside Lending, Inc. (appellant), filed an appeal of a July 31, 2002, order of Judge Ginsburg granting Phoenix Bond and Indemnity Company's (appellee) motion for relief from the automatic stay imposed by 11 U.S.C. § 362(a), and denying Homeside's and Kevin P. Smith's (debtor) opposing motions. Phoenix moves to dismiss this appeal based on lack of standing. We...

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