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IN RE BIRKELBACH

No. 23 B 6133 No. 23 A 305.

656 B.R. 877 (2024)

IN RE: Carl M. BIRKELBACH, Debtor. The Braeside Foundation, Plaintiff, v. Carl M. Birkelbach, Defendant.

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

Signed February 5, 2024.

Attorney(s) appearing for the Case

Attorney for plaintiff The Braeside Foundation: Stuart J. Chanen, Chanen & Olstein LLP, Lincolnwood, IL.

Attorneys for defendant Carl M. Birkelbach: James J. Moylan, James J. Moylan & Associates, P.C., Steamboat Springs, CO; James A. McGurk, Law Offices of James A. McGurk, Chicago, IL.

MEMORANDUM OPINION

Before the court for ruling is the motion of defendant Carl M. Birkelbach under Rule 12(b)(6), Fed. R. Civ. P. 12(b)(6) (made applicable by Fed. R. Bankr. P. 7012(b)), to dismiss the adversary complaint...

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