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IN RE HIE OF EFFINGHAM, LLC

Bankruptcy No. 10-60534. Adversary No. 12-6024.

490 B.R. 800 (2013)

In re HIE OF EFFINGHAM, LLC, Debtor(s). Robert T. Bruegge, Trustee of the Estate of HIE of Effingham, LLC, Plaintiff(s), v. WBCMT 2007-C33 Mid America Lodging, LLC, Defendant(s).

United States Bankruptcy Court, S.D. Illinois.

March 29, 2013.

Attorney(s) appearing for the Case

Mary E. Lopinot, Mathis Marifian and Richter Ltd., Belleville, IL, for Debtor.

Steven M. Wallace, Kunin Law Offices LLC, Collinsville, IL, for Plaintiff.

Brian A. Audette, Perkins Coie LLP, Chicago, IL, for Defendant.

OPINION

WILLIAM V. ALTENBERGER, Bankruptcy Judge.

This matter is before the Court on the Trustee's Motion to Modify the Stipulation and Agreed Order resolving WBCMT 2007-C33 Mid America Lodging, LLC's (the "Defendant") Motion for Relief from Stay as well as on the Defendant's Motion to Dismiss the Trustee's Complaint to Avoid Mortgage Lien.

FACTS

HIE of Effingham, LLC (the "Debtor") filed a petition under Chapter 11 on September...

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