Vista Professional Development, LLC - Preference and Fraudulent Transfer Defense Lawyer

Beginning on October 6, 2023,

Alfred T. Giuliano, solely in his capacity as the chapter 7 trustee for the jointly administered bankruptcy estates of Vista Professional Development, LLC and its affiliated debtors began filing complaints, thus opening adversary proceedings, seeking: (1) to avoid certain alleged transfers as preferential under Section 547 and/or fraudulent under Section 548 of the Bankruptcy Code, and recover under Section 550 and (2) to disallow the claim(s) held by individual defendants under Section 502.  Approximately 12 such complaints have benn filed so far.

The Debtors in these cases are: Vista Professional Development, LLC; Vista Professional International, LLC; New Day Vista, LLC; Computer Career Center, L.P.; EFG General Partner Corp.; EFG Limited Partner Corp.; Certified Careers Institute, LLC; Education Futures Management Co.; and Education Futures Group, LLC.

The bankruptcy cases and these adversary actions are before the Honorable John T. Dorsey.

Common Defenses in Preference Actions

The United States Bankruptcy Code provides many affirmative defenses to preference actions, contained within Section 547(c). For example, the most common defenses that may be available to a Defendant under Section 547(c) may include:

    •    the transfer was a contemporaneous exchange for new value given to the debtor (i.e., the debtor received something of value in exchange for the transfer); 11 U.S.C. §547(c)(1);

    •    after such transfer, Defendant gave new value to or for the benefit of the debtor (i.e., the Defendant extended additional credit to the Debtor after receiving the transfer) 11 U.S.C. §547(c)(4); or

    •    the transfer was in payment of a debt incurred by the debtor in the ordinary course of business or financial affairs of the debtor and the recipient (i.e., Defendant made the transfer under ordinary business terms). 11 U.S.C. §547(c)(2).

For more information, see our page on Preference Defense Litigation:

The following Adversary Proceedings were filed in the bankruptcy of Vista Professional Development, LLC, Case No. 21-11318-JTD on October 6, 2023 (unless a different date is specified below).

Vista Professional Development, LLC 10/6
23-50734-JTD    Giuliano v. Anthology, Inc.
23-50735-JTD    Giuliano v. Health Care Service Corporation
23-50736-JTD    Giuliano v. Interra-Sky Lake Charles, LLC
23-50737-JTD    Giuliano v. Killeen ATM, LLC
23-50738-JTD    Giuliano v. Lombard Group Texas, LLC
23-50739-JTD    Giuliano v. MNI Targeted Media, Inc.
23-50740-JTD    Giuliano v. National Healthcareer Association, Inc.
23-50741-JTD    Giuliano v. Pipit Partners LP
23-50742-JTD    Giuliano v. Pro-Action, Inc.
23-50743-JTD    Giuliano v. Quill LLC
23-50744-JTD    Giuliano v. Ready Education LLC
23-50745-JTD    Giuliano v. Time Warner Cable

If you conducted business with Vista Professional Development, LLC or its affiliated debtors especially if you have received a demand letter, or if a complaint has been filed against you or your business, even if not served yet, contact us here, email us at or call the firm’s Wilmington offices directly at (302) 655-5303 to schedule an initial consultation. We can explain the situation you are facing and your options and share with you our initial observations at no charge to you.
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