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    What would you do?

    Okay, I have one for you. Is a preferential payment only one made that is over $600? (I'm wondering when I can try to pay my parents back. They loaned us $500 for our retainer fee. Is it prefential to pay them back because it's under the $600?)

    Also, DH's parents put in an order for a couple of hunting knives back before we knew we would be filing. It is only $30. If we cut them a check, will the trustee want to know why we gave them the $30?
    Last edited by t&msmom; 11-26-2007, 04:26 AM. Reason: Rethought question

    #2
    Originally posted by t&msmom View Post
    Okay, I have one for you. Is a preferential payment only one made that is over $600? (I'm wondering when I can try to pay my parents back. They loaned us $500 for our retainer fee. Is it prefential to pay them back because it's under the $600?)
    If the total amount paid during the 90 days before filing to any non-secured creditor is under $600, then it isn't a preferential payment.

    Also, DH's parents put in an order for a couple of hunting knives back before we knew we would be filing. It is only $30. If we cut them a check, will the trustee want to know why we gave them the $30?
    The trustee will not care about a $30 check no matter who you write it to.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      But what about an insider preferential payment? I read SOMEWHERE something about $200 in a year???

      Comment


        #4
        Originally posted by t&msmom View Post
        But what about an insider preferential payment? I read SOMEWHERE something about $200 in a year???
        According to http://goliath.ecnext.com/coms2/gi_0...ntion-And.html, the current bankruptcy law extends the trustee's "look back" for insiders to one year.

        I checked multiple online sources and there's no mention that the $600 total dollar amount varies for insiders compared to other non-secured creditors, but your lawyer can confirm or correct that.
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

        Comment

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