Questions from a nervous person

[thelitman]

I filled BK, awhile ago, and was discharged on 2/17/06
Anyways I just got a letter from Cash Advance USA, whom I got a $200 cash advance with over a year ago, about 5 months before I filled BK. Anyways they said I still owed $200, and I completly forgot to list this debt on my bk petition, because I had not heard from them for 3 months prior to BK.
Anyways. I told them I would pay the debt back, because I assumed I still owed it because I did not list it on the petition. I told them in my e-mail that I had financial difficulties and I filled BK, but I would figure out a way to pay them. They wrote back and said what is your case number, give it to us so that we will stop contacting you. Now what I am afraid of, is this.....
If I give them the BK case number and not pay the debt.... Sure they may not come after the $200 anymore but could they still press criminal charges on me for bouncing a check? I would rather find a way to give them the $200 then have the debt discharged, and be put in jail for a bad check.

Any help would be greatly apreciated.

[ODDBALL]

Sometimes when you file bankruptcy, and forget to list certain debts, if the debt was incurred before your bankruptcy petition, it gets taken care of through bankruptcy. I don't think they will come after you for the bounced check being that it was a payday loan. Let's see what other's will chime in and say. Good luck!!!! I think you will be fine though!!!

[Viper]

In some states there are provisions in place to include all debts even if you forgot to list them. The bankruptcy may erase the underlying debt, however it does not absolve you of any criminal miss-doings. If the law provides for them to proceed with criminal charges against you that would be their option. Look into the specifics for your state and see where you stand, it may be worth it to work things out with them, but on the other hand you may not have to.


-Viper

[HopeinHorizon]

Since you actually wrote a check, it could be criminally prosecuted as passing a bad check. However, it was $200, and in most states that is not a felony, so they don't waste their time...

They COULD though, if they wanted too...

[FilingOnMyOwn]

Give them the case #, they will relieve you of the debt, its the law.

[vm3118]

where would you lokk to see if your state counts all debts as discharged even if they aren't listed?

[SinkingFast]

Do a Google search for your state name and Bankruptcy Law or Bankruptcy Statutes. Eventually you'll get a .gov hit that will take you to your State's Laws webpage. Be prepared to read a bit. It may take you sometime. Or you could just call your attny and ask. LOL

You might call the County Sheriff's office, or your City Hall about bad check laws. In our old home state, in the county we lived in, bad checks were a Class D felony. They musta had a lot of problems with bad checks as they changed the law shortly before we moved there 14 years ago. Before that, it was a misdemeanor to write a bad check.

[bilbo]

Check your State laws--Because of the prevalence of people getting into trouble with the "pay day advance" places many states will not let those types of places file criminal charges for dishonored checks