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Okay, a question on preferential payments, is paying one creditor a PP if

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    Okay, a question on preferential payments, is paying one creditor a PP if

    you don't pay others, or does it only rise to a PP if the payment to said creditor is over $600 for the preceding 3 months.

    Because I keep hearing two different things regarding PP.

    One is the one we all know about which is the $600 over the last 3 months situation, BUT I also hear it's a PP if
    a person elects to pay one creditor when they've stopped paying everyone else, EVEN if that payment is less than $600. Is that true? If you stop paying on your c.c's does that mean you have to stop paying everyone else?

    Because I have a doctor bill that I've been paying on for 2 years from having my daughter and it's down to $300. I really want to pay her and not add her to my BK matrix come March, but Im afraid if I pay her the trustee would see that as a PP since I am now going to stop paying my c.c's. I don't want to BK my doctor, Ive been going to her my entire adult life and I plan on going to her the next 40 years, I just cannot BK her for $300.
    Can I pay her since it's less than $600 or would that be PP since as of this week, I am stopping paying c.c's
    Filed Chapter 7 Feb 25, 2008
    341 Meeting April 3, 2008
    Last date for Objections June 2, 2008

    #2
    I don't think you will have a problem paying the doctor.

    First, it is less than $600. Second, it is medical.

    I do not believe your trustee is not going to have a problem with it.

    Chapter 7 Filed - 11/27/07
    Discharged - 2/29/08
    Unsecured Debt Discharged - $162k +/- (small business, personally guaranteed)
    Finally Closed - 3/1/09

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      #3
      In a similar situation here too. I have one bill to my OB from my delivery in October for about 380. I really want to maintain a good relationship with them especially since it is becoming harder and harder to find a decent one. I ran this by the lawyer and he said it was okay to pay them. Actually his exact words were "Anyone that has to see you with your pants down should get paid". Too funny.
      Filed: 3/12/08
      341 Meeting: 4/11/08
      Last day to oppose: 6/10/08

      Comment


        #4
        You do not need to worry about preferential payments. The only one who has to worry is the person you made the payment too. The trustee can take it back and re-distribute it.

        But, again, it doesn't count if it is less than $600 in the past 90 days.

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