CCP LTD. PARTNERSHIP v. FIRST SOURCE FIN.

No. 1-05-3235.

856 N.E.2d 492 (2006)

368 Ill. App.3d 476

305 Ill.Dec. 687

CCP LIMITED PARTNERSHIP, the Estate of Merrill Kirsch, Anthony Kirsch, Patrick Kirsch and Catherine Kirsch, Plaintiffs-Appellees, v. FIRST SOURCE FINANCIAL, INC., Defendant-Appellant, First Source Financial, Inc., a Delaware corporation, and Special Situations Opportunity Fund I, LLC, a Delaware limited liability company, Plaintiffs-Appellants, v. CCP Limited Partnership, a Wisconsin limited partnership, and Cedar Creek Partners, LLC, its General Partner, Defendants-Appellees, First Source Financial, Inc., a Delaware corporation, and Special Situations Opportunity Fund I, LLC, a Delaware limited liability company, Plaintiffs-Appellants, v. Estate of Merrill Kirsch, Anthony Kirsch, Patrick Kirsch and Catherine Kirsch, Defendants-Appellees.

Appellate Court of Illinois, First District, Sixth Division.

September 22, 2006.


Attorney(s) appearing for the Case

James W. Hutchinson, BeLinda I. Mathie, Katten Muchin Rosenman LLP, Chicago, for Appellants Orchard First Source Capital, Inc., f/k/a First Source Financial, Inc., and OFSI Fund II, LLC, f/k/a Special Situations Opportunity Fund I, LLC.

Michael A. Stiegel, Laurel A. Haskell, Michael Best & Friedrich LLP, Chicago, for Appellees CCP Limited Partnership, The Estate of Merrill Kirsch, Anthony Kirsch, Patrick Kirsch and Catherine Kirsch.


Justice McNULTY delivered the opinion of the court:

This case involves the proper characterization of a contract between a bank and several individuals who owned a corporation that took a series of loans from the bank. The bank claims that the owners in the contract purchased parts of the loans the bank made to the corporation, effectively using the bank as a vehicle to loan their corporation their money. When the corporation defaulted on some of the loans, the owners...

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