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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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Under Chapter 13,I understand there is a law requiring a prefernce

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Under Chapter 13,I understand there is a law requiring a prefernce Paymnet in the last 90 days for payments on unsecured debt. I have a credit card which make all the payments directly to chase but my mom is the primary another words she is liable for the balance.
Will this present any problems in my filing. Another words is this a loan to me and the payments considered paybck to her which I beleve this is just payments to an unsecured creditor subject to repayment of the last 90 days Rule. Am I correct

Hi JACustomer,

Are you a secondary account holder on this account, so that you are also responsible to the credit card company, or are you only an authorized user for this account?

Customer: replied 4 years ago.
0nly an authorized user for this account

That means you do not owe the money to the credit card company. Your mother owes the money to the credit card company. If you had an agreement with your mother that you would use the card and then pay her for your charges, that agreement is between you and your mother, not between you and the credit card company. It also means you owe the money to your mother, not to the credit card company.

This is so, even if you paid the money directly to the credit card company, instead of to your mother.


I think this is what you wanted to know. If not, please let me know.

Thank you.

Customer: replied 4 years ago.
Does that mean i have to wait a year without making payments under chapter 13.
If you paid more than $600 to your mother, you have to wait one year before filing, or your mother will have to give back the money you gave her. If you wait one year, she will not have to give back that money.
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