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If you file for bankruptcy but have been using the credit cards

of family members to buy...
If you file for bankruptcy but have been using the credit cards of family members to buy products for the business, and have paid off, does the trustee go after those you paid? how does this process work with regards XXXXX XXXXX 12 month loopback period?
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Answered in 15 minutes by:
9/4/2012
dylatess
dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5,156
Experience: 37 plus years of experience specializing in bankruptcy law
Verified
Over 34 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions. The trustee is only concerned with what is known as preferential treatment. That is, he looks at any of your creditors that you have paid while not paying others. Accordingly, in your case, if you used credit cards in the names of your family members, they are NOT your creditors. Likewise, there is no preferential treatment as you paid or someone paid creditors that are not part of your bankruptcy and could not be listed in your BK as they are not your debt.
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Customer reply replied 5 years ago

thanks for your reply. so in other words, the trustee could not sue my parents, for using and paying their credit cards?

No. Not at all. They are not a party to your bankruptcy and the trustee has no jurisdiction over them.
dylatess
dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5,156
Experience: 37 plus years of experience specializing in bankruptcy law
Verified
dylatess and 87 other Bankruptcy Law Specialists are ready to help you
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Customer reply replied 5 years ago

now what about if my business paid them, and i just file for personal bankruptcy, is that the same case?

You are asking a new question and not a follow up question. Please post your new question and I would be happy to reply.
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dylatess
dylatess
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Category: Bankruptcy Law
Satisfied Customers: 5,156
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Experience: 37 plus years of experience specializing in bankruptcy law

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