QUESTION
I borrowed $1500 for a security deposit for an apartment. I paid it back with the security I got from 1st apartment. Will the trustee avoid it?
Asked on Jan 26th, 2012 on Bankruptcy - Pennsylvania
More details to this question:
I originally borrowed the money from a non-insider because all insiders who could help were out of town on vacation. An insider, my brother-in-law, who is the business part of the original non-insider creditor, paid him back in the meantime. I then paid my brother-in-law more than 90 days ago but less than one year ago when I received the check from the first landlord.
1 ANSWER
Bankruptcy Attorney serving Burbank, CA
Partner at
Law Office of Mark J. Markus
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The short answer to your question is yes, the Trustee can go after your brother-in-law for the money you paid him.
If you were repaying him on a debt you owed him before your case was filed, it can be recovered on a theory of preferential transfer under 11 U.S.C. 547.
If it wasn't a repayment of a loan, but an outright transfer of money to him, it can be avoided under other sections of the Bankruptcy Code on a fraudulent transfer theory, and that may also have implications for your discharge.
On the other hand, whether a Trustee will actually go after the $1,500 really depends on the Trustee and policies in your jurisdiction (as well as, of course, which chapter you file. This is really a non-issue in a Chapter 13 or Chapter 11 case). $1,500 is a relatively small amount and in many locales, the Trustee would just ignore the transfer. But you should check with a bankruptcy attorney in your area for specifics on how this might affect your brother-in-law, as well as yourself.
Mark J. Markus, Attorney at Law
Handling exclusively bankruptcy law cases in California since 1991.
http://www.bklaw.com/
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Answered on Jan 26th, 2012 at 8:51 PM