How is "Preferential Treatment" defined within a bankruptcy?

Question

I paid some debts with no intention of filing bankruptcy. I was trying to settle on a car accident claim, but the other party decided to sue rather than settle. This pushed me into bankruptcy 2 months later. Now the Trustee in this case is claiming "Preferential Treatment" and requiring me to pay this amount to the estate because a debt was paid within 90 days of filing. Doesn't the intent have any bearing in this case? There was no "Preferential Treatment" on my part, as I tried to resolve my debts without bankruptcy, but had no alternative after I was sued. I have records to prove that I retained an attorney to settle the accident prior to being sued and filing bankruptcy.

One payment in question was to my father who put a new engine in my car. I am not going to let the Trustee contact my father to get the money back. I wasn't attempting to hide any money, just repaying the people and creditors that I owed. The Trustee has contacted other creditor to collect close to $10,000 that I had paid prior to filing.

Answer 1

The portion of the Bankruptcy Code which deals with "Preferences" is § 547. You may want to review § 547 (b) and (c).

The only thing you can hang your hat on now is the following:

(c) The trustee may not avoid under this section a transfer—
(1) to the extent that such transfer was—
(A) intended by the debtor and the creditor to or for whose benefit such transfer was made to be a contemporaneous exchange for new value given to the debtor; and
(B) in fact a substantially contemporaneous exchange;
(2) to the extent that such transfer was—
(A) in payment of a debt incurred by the debtor in the ordinary course of business or financial affairs of the debtor and the transferee;
(B) made in the ordinary course of business or financial affairs of the debtor and the transferee; and
(C) made according to ordinary business terms;
(3) that creates a security interest in property acquired by the debtor—
(A) to the extent such security interest secures new value that was—
(i) given at or after the signing of a security agreement that contains a description of such property as collateral;
(ii) given by or on behalf of the secured party under such agreement;
(iii) given to enable the debtor to acquire such property; and
(iv) in fact used by the debtor to acquire such property; and
(B) that is perfected on or before 20 days after the debtor receives possession of such property;
(4) to or for the benefit of a creditor, to the extent that, after such transfer, such creditor gave new value to or for the benefit of the debtor—
(A) not secured by an otherwise unavoidable security interest; and
(B) on account of which new value the debtor did not make an otherwise unavoidable transfer to or for the benefit of such creditor;
(5) that creates a perfected security interest in inventory or a receivable or the proceeds of either, except to the extent that the aggregate of all such transfers to the transferee caused a reduction, as of the date of the filing of the petition and to the prejudice of other creditors holding unsecured claims, of any amount by which the debt secured by such security interest exceeded the value of all security interests for such debt on the later of—
(A)
(i) with respect to a transfer to which subsection (b)(4)(A) of this section applies, 90 days before the date of the filing of the petition; or
(ii) with respect to a transfer to which subsection (b)(4)(B) of this section applies, one year before the date of the filing of the petition; or
(B) the date on which new value was first given under the security agreement creating such security interest;
(6) that is the fixing of a statutory lien that is not avoidable under section 545 of this title;
(7) to the extent such transfer was a bona fide payment of a debt to a spouse, former spouse, or child of the debtor, for alimony to, maintenance for, or support of such spouse or child, in connection with a separation agreement, divorce decree or other order of a court of record, determination made in accordance with State or territorial law by a governmental unit, or property settlement agreement, but not to the extent that such debt—
(A) is assigned to another entity, voluntarily, by operation of law, or otherwise; or
(B) includes a liability designated as alimony, maintenance, or support, unless such liability is actually in the nature of alimony, maintenance or support; or
(8) if, in a case filed by an individual debtor whose debts are primarily consumer debts, the aggregate value of all property that constitutes or is affected by such transfer is less than $600.


DISCUSS WITH YOUR ATTORNEY

Answer 2

Talk to your bankruptcy lawyer. A preference transfer means the Trustee should be getting the money back from the creditor; not making you pay double.

Answer 3

How is "Preferential Treatment" defined within a bankruptcy?

T.R.Y
T.H.I.S.
S.I.T.E
W.H.E.R.E
Y.O.U
C.A.N
F.I.N.D
T.H.E
B.E.S.T
S.O.L.U.T.I.O.N
F.O.R
Y.O.U