Kapila v. Warburg Pincus, LLC (In re Universal Health Care Group, Inc.)

MEMORANDUM OPINION AND ORDER ON DEFENDANTS’ MOTIONS TO DISMISS

K. Rodney May, United States Bankruptcy Judge

The debtor, Universal Health Care Group (“Universal”), was a holding company whose subsidiaries offered regulated Medicare HMO plans in Florida, Texas and Nevada. In February of 2013, the State of Florida commenced insolvency proceedings against the two Florida subsidiaries for lack of capital. Universal filed for Chapter 11 relief on February 6, 2013, before the UCC sale of the subsidiaries’ stock by the group of senior secured creditors, led by BankUnited. Universal attempted a § 363…