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FiveStarLaw
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In an outpatient imaging center where an employed physician

Resolved Question:

In an outpatient imaging center where an employed physician generates all of the income for the facility---are the wages paid per contract exempt from bankruptcy clawback?
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  FiveStarLaw replied 2 years ago.

WebLaw :

*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

WebLaw :

Welcome to JustAnswer,

So sorry to hear of this dilemma. If my answer is not clear to you or does not fully answer your question, please ask me for clarification by using the reply button.

WebLaw :

Is the outpatient imaging center the debtor in the bankruptcy and is it wholly owned by the physician in question

Expert:  FiveStarLaw replied 2 years ago.
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Customer: replied 2 years ago.

The facility was owned and operated by non-physicians

 

I believe they were trying to make me a "vendor/independent contractor" although I was the sole physician on site 8-5 daily, five days per week and all of the studies were billed on my insurance/medicare numbers. I even had a no-compete in my contract which I believe should qualify me for employee status under IRS guidelines.

Nevertheless I was wondering if I were an employee,would my wages be protected and if not an employee could I qualify for clawback exemption as a "critical or crucial "

vendor due to the necessity of my work for this facility to generate any revenue

whatsoever?

Customer: replied 2 years ago.

No.

The outpatient center was owned by business people and the center went bankrupt--I believe reorganized. No physician ownership--I was the only physician on site at any time

Expert:  FiveStarLaw replied 2 years ago.
Thank you very much for your information.

Clawback is a phrase sometimes used to describe the situation where a conveyance by a debtor is set aside by the bankruptcy court either because it is considered to be a "fraudulent conveyance" or a "voidable preference".

A "fraudulent conveyance" is a transfer of a debtor's assets to a third party, for less than a reasonably equivalent value in exchange for such transfer. (Bankruptcy Code §548). Since you were a disinterested 3rd party employee/independent contractor, the presumption would be that your services were compensated at the market value and therefore a fraudulent conveyance did not occur.

Bankruptcy Code §547 provides for the avoidance of preferential transfers within 90 days before the bankruptcy filing date for third parties. Transfers to insiders (including a business partner) are subject to a longer avoidance reach back of one year.

Under Bankruptcy Code §547 the trustee to set aside the debtors payment of existing debt if it is made within certain time periods of filing the petition if that transfer/payment results in the creditor receiving more than the creditor would have in a Chapter 7 bankruptcy. This would be applicable if past-due wages or fees were paid to you

Please accept and then feel free to ask me another question on a new page - if you're a subscriber, you can do so at no additional cost beyond your monthly payment. Start your new question with "for WebLaw" so that the question is directed to me and I can give your question my immediate attention

Thank you very much,
WebLaw
FiveStarLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36567
Experience: Bankruptcy Lawyer. Experienced.
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