Richmond, VA -- (ReleaseWire) -- 07/28/2016 --Health Diagnostic Laboratory, Inc.'s liquidating trustee ("HDL") has brought avoidance actions against HDL's vendors, suppliers, and other partners to recover payments made in the 90 days before it filed bankruptcy on June 7, 2015. This is common practice in a large liquidating bankruptcy case, as creditors and vendors are often sued by debtors to avoid "preferential payments".
Ronald Page (http://rpagelaw.com) is a corporate bankruptcy attorney based in Richmond, Virginia available to represent creditors of HDL's bankruptcy.
On July 26-27, 2016, HDL filed adversary complaints seeking the recovery of funds against the following entities:
Neopost USA, Inc. dba Hasler
Colorado Department of Revenue
Virginia Electric and Power Company dba Dominion Virginia Power
Amazon.com LLC
Bon Secours - Richmond Health System
D & J Development, Inc.
MD Logic, Inc.
Pinnacle Mobile Phlebotomy, LLC
Rocktech, LLC
Sunnie Harmon & John Deworken LLC dba The Sunnie & Deworken Group
Sekisui Diagnostics, LLC
USA Scientific, Inc.
The Marlin Company
Vision Service Plan
International Paper Company dba Xpedx
BIO-RAD LABORATORIES, INC. d/b/a BIO-RAD
CLINICAL PATHOLOGY LABORATORIES, INC.
CINTAS CORPORATION
CAPFINANCIAL PARTNERS, LLC
EVOQUA WATER TECHNOLOGIES LLC
Douglas Scientific, LLC
AUTOMATIC DATA PROCESSING, INC d/b/a ADP SCREENING & SELECTION SERVICES, INC.
FLEETCOR TECHNOLOGIES, INC. d/b/a UNIVERSAL FLEETCARD
United Parcel Services, Inc. d/b/a UPS
Biotage, LLC
Discover Diagnostic Laboratory, LLC
Global Recruiters Network, Inc. dba D&I Global Solutions, Inc.
Huron Consulting Services, LLC
Iron Mountain Incorporated
James River Drywall LLC
Jennifer Marie Little
Kamiya Biomedical Company, LLC dba Kamiya Biomedical Company
Mobelux, LLC
R.R. Donnelley & Sons Company dba R R Donnelley
Richmond Express, Inc. dba Richmond Express Courier Service
Shimadzu Scientific Instruments, Inc. dba Shimadzu
Singulex, Inc.
The Allstate Corporation dba Allstate
Thomson Reuters (Tax & Accounting) Inc. dba Thomson Reuters Inc
Trustpoint Insurance, LLC
The Bankruptcy Code permits a debtor to recover from a creditor payments made in the 90 days before the bankruptcy filing where the payments gave the creditor more than other, similarly situated, creditors would get through the bankruptcy process. The preference statutes are an attempt to achieve equity between creditors. Nonetheless, creditors are almost always better off attempting to get payment of their claims from their debtors and dealing with any efforts to recover the money when, and if, such attempts are made in bankruptcy.
Defenses to the recovery of a preference are found in 11 U.S.C. 547(c). They include: contemporaneous exchanges; amounts of subsequent credit extended and unpaid; payments made in the ordinary course of the business of the debtor and the creditor on ordinary business terms; and security interests that secure debts that bring new value to the debtor.
These defenses need to be raised in an answer to a preference complaint. The burden of proof lies with the creditor to establish that despite the elements of a preference; the transfer is protected by one or more of these defenses.
About Ronald Page, PLC
With offices in Richmond, Virginia, Ronald Page, PLC has extensive experience representing secured and unsecured creditors in bankruptcy proceedings.
Please contact Ronald Page, a Richmond Virginia Bankruptcy Attorney (http://rpagelaw.com), if you need assistance protecting your interests in HDL's bankruptcy.