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IN RE SHARA MANNING PROPERTIES, INC.

Bankruptcy No. 09-83006. Adversary No. 09-8121.

475 B.R. 898 (2010)

In re SHARA MANNING PROPERTIES, INC., Debtor. Bank of Illinois, n/k/a Heartland Bank and Trust Company, an Illinois state bank, Plaintiff, v. Charles E. Covey, Trustee, Shara Manning Properties, Inc., Internal Revenue Service of the United States of America, and Eastern Tazewell Development Co., Defendants. Eastern Tazewell Development Co., Counter-Plaintiff, v. Bank of Illinois, an Illinois state bank, Counter-Defendant.

United States Bankruptcy Court, C.D. Illinois.

October 25, 2010.

Attorney(s) appearing for the Case

John K. Kim , Mark A. Bogdanowicz , Timothy J. Howard , Howard and Howard Attorneys PC, Peoria, IL, for Plaintiff/Counter-Defendant.

Charles E. Covey, Peoria, IL, pro se.

Shara Manning Properties, Inc., Peoria, IL, pro se.

Alison E. McLaughlin , Hasselberg, Williams, Grebe, Snodgrass, Gerard A. Brost , Peoria, IL, for Defendants.

OPINION

THOMAS L. PERKINS, Chief Judge.

This adversary proceeding involves a priority dispute between two mortgagees and the IRS. The first to record was Bank of Illinois, n/k/a Heartland Bank and Trust Co. ("BOI"). The IRS recorded second. Third to record was Eastern Tazewell Development Co. ("ETDC"). The mortgages of both BOI and ETDC are challenged, each by the other.

FACTUAL AND PROCEDURAL...

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