IN RE QuVIS, INC.

No. 11-1072-EFM.

469 B.R. 353 (2012)

In re QuVIS, INC., Debtor, Douglas A. Friesen, M.D.; Marilyn R. Friesen Greenbush, Ph.D.; Douglas C. Cusick; JFM Limited Partnership I; and Unsecured Creditors' Committee, Plaintiffs, v. Seacoast Capital Partners II, L.P., Defendant.

United States District Court, D. Kansas.

March 13, 2012.


Attorney(s) appearing for the Case

Ryan M. Peck , William B. Sorensen, Jr. , Morris, Laing, Evans, Brock & Kennedy, Chtd., Wichita, KS, for Plaintiffs.

Thomas J. Lasater , Fleeson, Gooing, Coulson & Kitch, LLC, Wichita, KS, for Defendant.


MEMORANDUM AND ORDER

ERIC F. MELGREN, District Judge.

Plaintiffs appeal from the bankruptcy court's decision to grant Defendant summary judgment on Plaintiffs' adversary action requesting equitable subordination of Defendant's secured interest in the debtor's assets. The Bankruptcy Code gives courts the discretion to equitably subordinate creditors' claims if the creditor engaged in inequitable conduct that injured other creditors and if subordination is...

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