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IN RE KRAUSE

Bankruptcy No. 13 B 15811. Adversary No. 13 A 00901.

510 B.R. 172 (2014)

In re Timothy D. and Cecilia S. KRAUSE, Debtors. National Union Fire Insurance Company of Pittsburgh, Plaintiff, v. Timothy D. and Cecilia S. Krause, Defendants.

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

Signed April 30, 2014.

Attorney(s) appearing for the Case

James J. Bigoness , Clausen Miller PC, Chicago, IL, for Plaintiff.

John K. Kneafsey , Nisen & Elliott LLC, Chicago, IL, for Defendants.

MEMORANDUM OPINION

DONALD R. CASSLING, Bankruptcy Judge.

The Debtors are husband and wife and also co-owners of a general contracting business. They refinanced a short-term half-million dollar loan they had used for the purchase of raw land and the construction of a house thereon. Telling the refinancing lender that the newly-constructed house was to be their primary residence, they were able to obtain a thirty-year mortgage (the "Mortgage") to secure repayment...

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