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State or federal look back period?

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    State or federal look back period?

    Hi,
    My question is this, I am in Ohio, We are ready to file BK7, I see the lookback most talk about for transfers is 2 years, I recently found out in OHIO it can be I believe 3 years, which does the trutee ususally go by .the federal look back period or the state? 2years and 7 months ago I paid a creditor in my sons name, he got the card for me to use when times were hard, we came into a lot of money and I paid it in full, now I wonder which is usually the look back , the trutee follows? Thank you in advance

    #2
    That would be an insider preference and the look back is only 1 year. 11 USC 547(b).

    You are getting preferences and transfers confused. Preferences are in Section 547 of the code and transfers are in Section 548 of the code. Transfers are usually for property where you transferred it to hinder or delay or defraud creditors. It is usually a transfer of real or personal property.

    Preferences are where you pay an unsecured creditor in a preferential manner over the other unsecured creditors.
    Last edited by justbroke; 06-14-2010, 04:46 PM.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      Thank You so very much......I don't think I could have made it without this forum and the knowledge that you all posess..thank you again

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