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IN RE MONTEMURRO

Case No. 17bk10230 Adversary No. 17ap00401.

580 B.R. 490 (2017)

IN RE: Anthony M. and Virginia J. MONTEMURRO, Debtors. Walden Investments Group, LLC, Plaintiff, v. First Nations Bank, f/k/a FNBW Bank f/k/a First National Bank of Wheaton, as Trustee under a Trust Agreement Dated November 21, 1996 and known as Trust Number 1048, et al. Defendants.

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

Signed December 21, 2017.

Attorney(s) appearing for the Case

Attorneys for Walden Investments Group, LLC: Robert R. Benjamin , Beverly A. Berneman and Anthony J. D'Agostino , Golan Christie Taglia LLP, Chicago, Illinois.

Attorneys for Anthony M. and Virginia J. Montemurro: Scott R. Clar and Jeffrey C. Dan , Crane, Heyman, Simon, Welch & Clar, Chicago, Illinois.

Attorneys for First Nations Bank F/K/A FNBW Bank F/K/A First National Bank of Wheaton and First Nations Bank, F/K/A FNBW Bank F/K/A First National Bank of Wheaton, as Trustee under a Trust Agreement Dated November 21, 1996 and known as Trust Number 1048: John Robert Weiss and Matthew A. Olins , Duane Morris LLP, Chicago, Illinois.

MEMORANDUM DECISION

Before the court are two motions to dismiss (the "Motions to Dismiss"),1 brought respectively by First Nations (defined in footnote)2 and Anthony M. and Virginia J. Montemurro (the "Debtors

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