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BKCAP, LLC v. CAPTEC FRANCHISE TRUST 2000-1

Nos. 11-2928, 11-3378.

688 F.3d 810 (2012)

BKCAP, LLC, Graycap, LLC, and SWCAP, LLC, Plaintiffs-Appellees, v. CAPTEC FRANCHISE TRUST 2000-1, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 3, 2012.

Attorney(s) appearing for the Case

Mark D. Boveri (argued), Patrick D. Murphy , Attorneys, Boveri Murphy Rice, LLP, South Bend, IN, for Plaintiffs-Appellees.

David L. Swanson (argued), Attorney, Locke Lord LLP, Dallas, TX, for Defendant-Appellant.

Before BAUER, SYKES, and TINDER, Circuit Judges.

TINDER, Circuit Judge.

Quality Dining, Inc. owns dozens of restaurants in several states, including Michigan, Indiana, and Pennsylvania. To refinance its debt, Quality Dining created subsidiaries (the plaintiffs-appellants or "Borrowers") and made a deal with Captec Financial and GE Capital for 34 separate loans totaling $49 million, with each loan secured by a restaurant. Captec Financial assigned 13 of its loans to Captec Franchise Trust 2000-1 (the defendant-appellee...

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