Richardson v. Fleet Credit Card Services, L.P. (In Re Duncan)

OPINION

LARRY LESSEN, Bankruptcy Judge.

The issue before the Court is whether the Debtor’s use of her credit card following a preferential payment to the credit card company falls within the new value exception of 11 U.S.C. § 547(c)(4).

The material facts are not in dispute. The Debtor, Talena Duncan, had a credit card with the Defendant, Fleet Credit Card Services, L.P. On October 5, 2003, the Debtor made a $2,000 payment to Fleet. The Debtor testified at her deposition that she did not have any oral or written communications with Fleet prior to making this payment other than her monthly…