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IN RE KIDS CREEK PARTNERS, L.P.

Bankruptcy Nos. 94 B 23947, 95 A 00158.

200 B.R. 996 (1996)

In re KIDS CREEK PARTNERS, L.P., Debtor. David R. HERZOG, as Trustee of the Estate of Kids Creek Partners, L.P., Plaintiff, v. LEIGHTON HOLDINGS, LTD., Cecil R. McNab, Rafael Rios-Rodriguez, and Robin Schabes, Defendants.

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

September 26, 1996.

Attorney(s) appearing for the Case

Steven Shamash, David A. Belofsky & Assoc., Chicago, IL, for Plaintiff Trustee.

David R. Herzog, Layfer Cohen & Handelsman, Chicago, IL, Plaintiff Trustee.

Neal L. Wolf, Janet S. Baer, Schwartz Cooper Greenberger & Krauss, Chicago, IL, for Defendants Leighton Holdings and Cecil R. McNab.

Rafael Rios, Chicago, IL, pro se.

MEMORANDUM OPINION

JACK B. SCHMETTERER, Bankruptcy Judge.

This adversary proceeding relates to the involuntary bankruptcy case filed against Kids Creek Partners, L.P. ("Debtor") under Chapter 7 of the Bankruptcy Code, Title 11 U.S.C. The Chapter 7 Trustee David R. Herzog filed an Adversary Complaint seeking orders to equitably subordinate the claim of Defendant Leighton Holdings, Ltd. ("Leighton") (Count I); to recharacterize the Debtor's obligation...

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