Preferential Payment

[inhocknow]

Good morning folks. Thanks for your help. Heres another question for you.

My spouse is not going to file for bankruptcy proetection. Only I am.

My spouse made a payment of $1000 to one of his / her creditors (JC Penney) with his / her own money from his / her own bank account.

I am going to list his / her bank account on my schedules but I will not list his / her JC Penney account on my schedules as this will not be included in my bankruptcy.

Will this be considered as a preferential payment?

Thank you for your help.

[Lindsay]

I don't think it would be. I've been continuing to pay the minimums on the few cards in my name just in case he files alone. I think the trustee takes the payment away if they find it improper.

[lrprn]

I am going to list his / her bank account on my schedules but I will not list his / her JC Penney account on my schedules as this will not be included in my bankruptcy. Will this be considered as a preferential payment?

Given the information you've shared, as long as the Penneys account is truly your spouse's alone (and I'm assuming this is the case since you aren't listing it when you file), then any payment to that account that your spouse makes has nothing to do with your bankruptcy and is not a preferential payment.