Legal Opinion
Friesen v. Seacoast Capital Partners II, L.P. (In re QuVis, Inc.)
United States Bankruptcy Court, D. Kansas
Decided February 18, 2011No. Bankruptcy No. 09-10706; Adversary No. 10-5142PublishedCited by 1 opinion
1Opinion of the Court
ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
ROBERT E. NUGENT, Chief Judge.
Plaintiffs assert a cause of action for equitable subordination against defendant Seacoast Capital Partners II, L.P. (“Seacoast”) seeking to subordinate defendant’s priority from a secured creditor of debtor QuVis, Inc. (“QuVis”) to an unsecured creditor.1 Plaintiffs allege that Seacoast engaged in inequitable or unfair conduct *493by perfecting its security interest after the initial financing statement (UCC-1) filed by QuVis in 2002 lapsed, and without disclosing the lapse to other noteholder creditors, thereby…
2Cases cited17 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Adler v. Wal-Mart Stores, Inc.Court of Appeals for the Tenth Circuit · 1998
- Randy Trainor v. Apollo Metal Specialties, Inc. And Danny PilgrimCourt of Appeals for the Tenth Circuit · 2003
- Fred T. McKibben v. Janet A. Chubb, and Merrill Lynch, Pierce, Fenner and Smith, Inc., Leland Morris, Jr., and Virginia MorrisCourt of Appeals for the Tenth Circuit · 1988
- Citicorp Venture Capital, Ltd., a New York Corporation v. Committee of Creditors Holding Unsecured Claims, and Committee of Creditors Holding Unsecured Claims as Estate Representative of Papercraft Corporation (d.c. Civil No. 95-Cv-01872). Committee of Creditors Holding Unsecured Claims, and Committee of Creditors Holding Unsecured Claims as Estate Representative of Papercraft Corporation v. Citicorp Venture Capital, Ltd., a New York Corporation (d.c. Civil No. 95-Cv-01886)Court of Appeals for the Third Circuit · 1998
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3Cited by1 opinion
- In Re QuVIS, Inc.United States Bankruptcy Court, D. Kansas · 2011