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 If I was making payments to all creditors how how can payments to parents be preferential ?
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John.sp
Starting Member



5 Posts

Posted - 16 August 2012 :  23:39:20  Show Profile  Visit John.sp's Homepage  Reply with Quote
I posted a few weeks ago regarding a letter I have received 18 months after discharge questioning payments being made to my parents to cover a loan in the 12 months prior to bankruptcy. The loan was taken out in my parents name and I was making the repayments to them, and although it wasn't included in the petition, I have not made payments since.
I have explained the situation to the OR, and they have now written to my parents ordering them to repay £1000 on the basis that the payments made to them over this period were preferential.
If I was making payments to all creditors during this period how can these ones be seen as preferential?
Really its just a question because they will pay the money, I just find it annoying that they are in this position, although I will repay them when I can.

Viki.W
forum expert



United Kingdom
2211 Posts

Posted - 17 August 2012 :  00:01:59  Show Profile  Reply with Quote
Hi John,

Were you paying all of your creditors the contractual monthly payment at the same time as paying your parents?

If that is the case, I can't see why they want that money back as you haven't favoured one creditor over another.




Viki Warbrooke
Vincent Bond & Co
If you would like free advice on all options available and help with your bankruptcy petition please contact me at http://www.vincentbond.com/about_us_Viki_Warbrooke.asp
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debtinfo
forum expert



2826 Posts

Posted - 17 August 2012 :  06:36:13  Show Profile  Reply with Quote
well the question will be how much was paid to each, for instane if you paid back 100% of the money owed to parents but only 5% of money owed to other creditors, you can see how that could be considered preferential,i dont know what your circumstances are but does that sound famillier
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John.sp
Starting Member



5 Posts

Posted - 17 August 2012 :  07:53:48  Show Profile  Visit John.sp's Homepage  Reply with Quote
I was making payments to all creditors up until two months before I went bankrupt and my business went under. Having said that, I was living off of credit cards to a degree so it could be argued I was making payments to my parents using that money so I guess I see the point. Will pay it and move on.

Thanks for the feedback

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