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    kjsnedd's Avatar
    kjsnedd Posts: 2, Reputation: 1
    New Member
     
    #1

    Feb 18, 2009, 06:09 PM
    401k Loan and Bkry
    Over 90 days prior to filing bkry, I was able to pay off a 401k loan in order to refinance the loan and lower payments and then took out another loan the next day. Is this considered preferential? Does anyone have any case law that would support that this "refinance" was not a preferential payment to a creditor?

    Thank you in advance for your help.
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #2

    Feb 18, 2009, 09:08 PM

    Can not answer you directly, but I am curious as to whether you are considering Chapter 7 or 13?
    kjsnedd's Avatar
    kjsnedd Posts: 2, Reputation: 1
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    #3

    Feb 19, 2009, 06:57 AM
    Chapter 7 has been filed; this is an issue that has come up after the 341 meeting

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