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IN RE JOHNSON

Bankruptcy No. 04-83665, Adversary No. 05-8034.

355 B.R. 103 (2006)

In re Robert and Jolene JOHNSON, Debtors. Richard E. Barber, not personally, but as Chapter 7 Trustee, Plaintiff, v. First Midwest Bank, Defendant.

United States Bankruptcy Court, C.D. Illinois.

October 31, 2006.

Attorney(s) appearing for the Case

Barry M. Barash, Galesburg, IL, for plaintiff.

Steven L. Nelson, Rock island, IL, for defendant.

OPINION

THOMAS L. PERKINS, Chief Judge.

This matter is before the Court for decision after trial on the adversary complaint of Richard E. Barber, as Chapter 7 Trustee ("TRUSTEE") for the Debtors, Robert and Jolene Johnson, ("DEBTORS"), against First Midwest Bank ("BANK"), to recover monies remaining in an Interest Reserve Account after foreclosure of a failed construction loan.

On March 15, 2003, Robert Johnson ("ROBERT"), a self-employed...

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