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IN RE RIVER WEST PLAZA-CHICAGO, LLC

No. 11-2085.

664 F.3d 668 (2011)

In re RIVER WEST PLAZA-CHICAGO, LLC, doing business as Joffco Square, Debtor-Appellee. Appeal of Frank Schwab.

United States Court of Appeals, Seventh Circuit.

Decided December 22, 2011.

Attorney(s) appearing for the Case

David L. Kane , Attorney, Meltzer, Purtill & Stelle LLC, Chicago, IL, for Debtor-Appellee.

John S. Xydakis (argued), Attorney, Forest Park, IL, for Appellant.

Jason J. DeJonker (argued), Gus Anthony Paloian , James B. Sowka , Attorneys, Seyfarth Shaw LLP, Chicago, IL, for Appellee.

Before BAUER and TINDER, Circuit Judges, and MAGNUS-STINSON, District Judge.

MAGNUS-STINSON, District Judge.

While substance counts, procedure does too. This appeal arises out of the Chapter 11 bankruptcy petition of River West Plaza-Chicago, LLC ("River West"). The bankruptcy court disallowed the claim by Appellant, and purported creditor, Frank Schwab, erroneously in his view. As we explain below, however, two procedural impediments prevent us from reviewing the propriety of the bankruptcy court's disallowance decision because they foreclose...

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