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FIRST PREMIER CAPITAL LLC v. BRANDT

No. 11 C 6249. Bankruptcy Case No. 09 B 399937.

465 B.R. 801 (2011)

FIRST PREMIER CAPITAL LLC n/k/a Commend Capital, LLC, Appellant, v. William A. BRANDT, Jr., acting solely in his capacity as Plan Administrator for Equipment Acquisition Resources, Inc., Appellee. In re Equipment Acquisition Resources, Inc., Debtor.

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

December 19, 2011.

Attorney(s) appearing for the Case

David Alexander Darcy , Alex Darcy , Debra Devassy Babu , Askounis & Darcy, PC, Chicago, IL, for Appellant.

George P. Apostolides , Barry A. Chatz , Chicago, IL, Allan B. Diamond , J. Maxwell Beatty , Houston, TX, for Appellee.

MEMORANDUM OPINION AND ORDER

ELAINE E. BUCKLO, District Judge.

In 2008, Equipment Acquisition Resources, Inc. ("EAR") entered into five equipment leases with Alliance Commercial Capital, Inc. ("Alliance"). Alliance subsequently assigned all of its rights, title and interest in the leases and equipment to Republic Bank of Chicago ("Republic Bank"). In 2009, EAR and Republic Bank entered into agreements to modify each of the leases (the "Lease Modifications...

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