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Is Current Term Tuition Payment a Preference Payment?

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    Is Current Term Tuition Payment a Preference Payment?

    I've not yet filed -- plan to next month. I've got a balance still due at my university for this current term.

    Would paying the current bill for this term's tuition be a preference payment?

    If it is, then any recent student would have problems: tuition is way more than $600 and the "more than a year ago" time frame???

    I think it's unlikely to be a preference payment. Does anyone have anything authorative on this question?

    Thanks.

    Edited to add: Heck, daycare is more than $600. If I owe daycare for the month... well that seems very similar to the tuition question. What 'bill' above $600 is 'safe' from the preference payment snafu?

    I guess the definition of "DEBT" would have something to do with it. 'Debt' vs. 'Bill'

    Last Edit: I know I could include them in the BK, but I've read a few stories here about troubles with the university that give me pause to do that.
    Last edited by BornAgain; 02-22-2009, 05:22 PM.

    #2
    I don't think that is technically considered debt, unless it was past due. Daycare also isn't a debt, it's just an expense.
    Filed Ch. 7 Pro Se: 12/11/08
    341 Meeting: 1/7/09
    Trustee's Report of No Distribution: 1/9/09
    Discharged: 3/10/09

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      #3
      When deciding if a payment is preferential or not, you are confusing paying secured debt vs. paying non-secured debt.

      The only debt you have to worry about paying more than $600 total to during the 90 days before filing is a non-secured creditor. This is the only situation that can open the door to your trustee deciding the payment was preferential and going after it to share with all your creditors equally.

      You can pay any normal payment on a secured loan (mortgage, car payment, etc) before filing, no matter how much it is.
      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

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