Health Diagnostic Laboratory Initiates Second Round of Clawback Litigation
July 28, 2016, Virginia – Last month, Health Diagnostic Laboratory, Inc.’s liquidating trustee (HDL) brought avoidance actions against HDL’s vendors, suppliers, and other partners to recover payments made during the 90-days before it filed for bankruptcy on June 7, 2015. HDL initiated approximately 94 adversary complaints during the last month. The top three creditors in the group included : VWR International, LLC, MedTest DX, Inc., AB Sciex, LLC. These entities are being sued for recovery of approximately $1.2 million worth of preference and fraudulent transfers.
HDL, a cardiac biomarker laboratory offered various services such as blood and laboratory analysis; advanced testing; management of chronic diseases, like diabetes mellitus, metabolic syndrome, hypertension, heart failure and stroke, cholesterol, stress, fatty liver disease, obesity, and smoking cessation diseases. It also offered clinical health consulting and advisory services etc.
Honorable Judge Kevin R. Huennekens is presiding over HDL’s cases. The cases are filed in the United States Bankruptcy Court for Eastern District of Virginia. The law firm of Wolcott Rivers Gates is representing the trustee in the HDL’s bankruptcy cases.
Genuine Issue of Fact Exist as to Whether Alleged Transfer is Earmarked for Payment of Pre-Petition Debt
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Imperative to Meet Rule 9019 Standards For Courts to Approve Compromise Between the Parties
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Payments May be Ordinary, Even When the Payment Practices Differ in the Preference and Base Period, If there Is a Change in the Defendant’s Ownership
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