top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Preferential Transfer?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Preferential Transfer?

    3 months ago DH started a new job (15 mo unemployed) and my father gave me a check to cover my mortgage until the first paycheck arrived. I deposited the check, but did not need the money for the house, so I wrote a check back to dad the next month for the amount he gave me.

    Now we realize that BK is the only choice for us, and I am worried that this money is going to become an issue. I did not intentionally give dad preferential treatment, it was his money and I gave it back without any idea that we would be forced into BK within 2 months.

    Am I right to be worried? What can I do about it?
    Thanks!
    I am not an attorney. I am just a fellow passenger on a sinking ship. Anything posted above is my opinion or best guess, and nothing more.

    #2
    You didn't mean it as preferential - but you paid back a family creditor in full when you were not paying similar amounts to credit cards.

    How much of an issue it will be - depends on what case you're filing. If ch. 7, your dad may be asked to turn the $ over to the trustee. Or you can work out to pay it off to the trustee over a few months and keep your dad out of it.

    If you're filing ch. 13, its less of an issue as long as your plan provides at least that much to your creditors.
    Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
    (In the 'planning' stage, to file ch. 13 if/when we have to.)

    Comment

    bottom Ad Widget

    Collapse
    Working...
    X