Hanjin Shipping continues to fight a Philadelphia freight forwarder over unpaid freight more than five years after the South Korean operator's bankruptcy.
Geodis USA has filed papers in a US federal court requesting the court bar Hanjin from pursuing over $485,000 in claims against it, arguing the actions were time barred.
The filing in the Southern District of New York follows a decision on the matter made in June at Hanjin's bankruptcy case.
"The claim is for freight on containers that were not delivered by Hanjin but instead were abandoned at various ports around the world when Hanjin ceased operations," Geodis' New York filing read.
"Geodis has not paid the claim because it does not believe any amounts are due to Hanjin, but the passage of time and the fact that this is a claim against a predecessor company now make any investigation difficult if not impossible because there are limited documents and no witnesses."
Hanjin alleged that Barthco International, doing business under its OHL International brand, owes it the money. Geodis acquired Barthco in 2016.
Geodis said it retrieved the containers in September 2016, and in March 2018, received a letter from Hanjin requesting freight charges and detention and demurrage. The company said it did not respond to that letter and was not contacted about the fees again until February 2021.
Then, the US company said it would investigate the claim, but only had access to limited documentation from Barthco.
'Claims expired'
Geodis said Hanjin's claims should have expired some time in 2018 and is seeking declaratory judgement blocking them.
In a filing made in its New Jersey bankruptcy court docket, Hanjin argued that Geodis is relying on faulty understandings of precedent and law to try and block the claims, including citing a law governing domestic, not foreign, shipping.
It said it had attempted to reach out to Geodis once in 2019, as well.
Hanjin had hoped to force Geodis to arbitrate, but bankruptcy Judge John Sherwood denied its motion and allowed Geodis to pursue a declaratory judgement.
One of Hanjin's attorneys, David Banker of Montgomery McCracken Walker & Rhoads, did not return a request for comment.
Hanjin, once one of the world's top 10 liner operators, was first put under receivership in South Korea before filing for Chapter 15 bankruptcy in New Jersey, carrying $10.5bn of debt.
The company owned 42 ships — 29 containerships and 13 bulkers — but was only able to recoup $220m through their post-bankruptcy sales.
