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IN RE KIMBALL HILL, INC.

No. 13 C 07146.

IN RE KIMBALL HILL, INC., Debtor. FIDELITY & DEPOSIT COMPANY OF MARYLAND, ZURICH AMERICAN INSURANCE COMPANY and their subsidiaries and affiliates, Appellants, v. U.S. BANK NATIONAL ASSOCIATION, as the PLAN ADMINISTRATOR for the KHI POST-CONSUMMATION TRUST and the LIQUIDATION TRUST ADMINISTRATOR for the KHI LIQUIDATION TRUST, Appellee.

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

November 4, 2014.

Attorney(s) appearing for the Case

Fidelity & Deposit Company of Maryland, Appellant, represented by Cornelius F. Riordan , Riordan, McKee, & Piper, LLC. & Megan Mary Burke , Riordan Mckee And Piper, Llc.

Kimball Hill Inc, Appellee, Pro Se.

Kimball Hill Inc, Appellee, represented by Gordon Elliot Gouveia , Shaw Fishman Glantz & Towbin LLC, Mark Lee Radtke , Shaw Fishman Glantz & Towbin LLC, Marylynne Kristy Schwartz , Shaw Gussis & Melissa Catherine Peshkin , Kirkland & Ellis LLP.

U.S. Bank National Association, as the Plan Administrator for the KHI Post-Consummation Trust and the Liquidation Trust Administrator for the KHI Liquidation Trust, Appellee, represented by Mark Lee Radtke , Shaw Fishman Glantz & Towbin LLC.

Service List,, represented by Patrick Sean Layng , United States Attorney's Office & Timothy A. Barnes , U.S. Bankruptcy Court.

MEMORANDUM OPINION AND ORDER

EDMOND E. CHANG, District Judge.

The appellants in this bankruptcy appeal are creditors Fidelity & Deposit Company of Maryland (F&D) and Zurich American Insurance Company (along with its subsidiaries, collectively referred to as Zurich). The creditors appeal from an order of the bankruptcy court that in effect ratified the substantive consolidation of a number of their claims against Debtor Kimball Hill, Inc. and its...

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