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preferential treatment and spouses credit cards...

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    preferential treatment and spouses credit cards...

    I was planning on filing alone, so hubby kept paying his cards.

    NOW, we have decided with the economy and my health, that its best to BOTH file. Since I cant work.

    will this be considered preferential treatment?? I was about to stop paying on his cards to use the money towards an attorney, but dont want to if we wont be able to file on them.

    #2
    Originally posted by seekininfo View Post
    I was planning on filing alone, so hubby kept paying his cards.

    NOW, we have decided with the economy and my health, that its best to BOTH file. Since I cant work.

    will this be considered preferential treatment?? I was about to stop paying on his cards to use the money towards an attorney, but dont want to if we wont be able to file on them.
    You don't state how much was paid to each of your husbands creditors, but I really wouldn't worry about it or let it stop you from filing together. If too much was paid and some were deemed preferential payments the trustee will get it back from the creditors. Paying a creditor too much won't put a stop to your bankruptcy filing. Don't worry about it.
    Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
    I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

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      #3
      we pd the monthy payments for almost a year. $400 on one and $100 on another.
      the $400 is due in a few days and I'd like to use that towards the attorney. But afraid to NOT pay.

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        #4
        Stop paying those 2 credit card bills since your husband will be filing too. The fact that you paid them while not paying others will not affect you and your husband being able to file for bankruptcy. If the trustee decides there was preferential treatment, he/she will deal with the 2 credit card companies and not you or your husband.
        Filed Chapter 7 July 2010
        Attended 341 September 2010
        Discharged November 2010 Closed November 2010

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          #5
          If you're going to file bk, stop paying all unsecured debt immediately.
          All information contained in this post is for informational and amusement purposes only.
          Bankruptcy is a process, not an event.......

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