Are Returned Checks not covered in CH 7?

[ontime]

I am trying to find out if returned checks are not covered under a Chapter 7. I did not use an attorney to file. This creditor says I need to honor the check and pay it because 'short checks' are not covered under chap 7. I live in CO and do not want to pay $200.00 to consult an attorney on this. Does anyone know or can point me in the direction to get and answer soon?

Thank You,
Ontime

[bkfiler]

why should you pay to consult an attorney when they are free?

just act like you are going to do a bk and set an appt. its free.

careful using you real name cuz they can look you up in pacer and see if you really filed.

as to the question... well the debt tht you tried to pay off can be discharged yes. but the problem comes in from writing a bad check. that can be prosectuted civily. its illegal so you created a debt that cant be discharged imo.

bad move.

id list them anyway and keep seeking advice. get the free appt from attorneys.

[pink_amulet]

I had NSF checks which I DID get discharged.
However, there are a few things to consider:

What is the SOL (statue of limitations) on the checks? Can they still prosecute you? If they can..they might try that. (Mine were all past the SOL)

How much is the checks for? if it is over a certain dollar amount it will fall under a stricter violation? (Mine were under $500, however the total was over $3000)

I think it may depend on the trustee also, and how picky they want to get.

Also, my lawyer told us the amount of the checks could be discharged, but any legal action fines/fees, can not be discharged. (I did not have any fees/fines)

ANY lawyer will do a FREE consulatuion....they should not be charging you !!!!


good luck

pink

[Cmonlottery]

What were the checks for? If they were payments on accounts (credit cards, car notes, etc.) then they probably just charged the amount back to your account and I wouldn't worry about it. If you went down to the local store and wrote a hot check then I would try and clear that one up.

You might also check with the district attorneys office. The county I am in requires a valid DL and date of birth on the check before they will prosecute.

[FilingOnMyOwn]

Yeah its dischargeable. If they are informed and well aware of the chap 7 before they take any legal action, I believe they would be required to discharge the debt and no legal action would be available to a debt that no longer exists. Its probably just a last ditch effort for them to collect. Did you include them in your filing?

[robivi3]

I don't know if they are dischargeable but that is something you need to clear. Passing bad checks is way beyond a debt issue. It can easily land you in jail. I'd seek to break that habit fast. It's one thing I never picked up.

[bkfiler]

Yeah its dischargeable. If they are informed and well aware of the chap 7 before they take any legal action, I believe they would be required to discharge the debt and no legal action would be available to a debt that no longer exists. Its probably just a last ditch effort for them to collect. Did you include them in your filing?

no i dont believe this is true.

writing a bad check in any circustances is outside of bk. you can get prosectuted for it.

the original debt/account balance, that the check was written for, can be discahrged.

but prosecution can still happen nonetheless. that i know for sure.

the question is now, does writting that check casuse a new balance to appear. i mean if they can prosecute you, which i know they can, then what are they going to make you pay when they win? the check balance it seems to me. that is my question.

[FilingOnMyOwn]

no i dont believe this is true.

writing a bad check in any circustances is outside of bk. you can get prosectuted for it.

the original debt/account balance, that the check was written for, can be discahrged.

but prosecution can still happen nonetheless. that i know for sure.

the question is now, does writting that check casuse a new balance to appear. i mean if they can prosecute you, which i know they can, then what are they going to make you pay when they win? the check balance it seems to me. that is my question.

Heres pretty much all I know. I had some bad checks out there. 4 of them were to a local grocery store, who DID send the checks to court and I was forced to pay them back plus restitution to avoid being criminally prosecuted. As a first time offender, I did not even have to appear in court, simply just mailed the court the money. This was for under $500, so it would have been just a misdemeanor infraction anyways. Over $500, and that I believe is a felony and something to approach with extreme caution.

I did however have other bad checks out there, no more than one per retailer. Those just went to various collection agencies and I included those all in my filing with no problems.

[pink_amulet]

Heres pretty much all I know. I had some bad checks out there. 4 of them were to a local grocery store, who DID send the checks to court and I was forced to pay them back plus restitution to avoid being criminally prosecuted. As a first time offender, I did not even have to appear in court, simply just mailed the court the money. This was for under $500, so it would have been just a misdemeanor infraction anyways. Over $500, and that I believe is a felony and something to approach with extreme caution.

I did however have other bad checks out there, no more than one per retailer. Those just went to various collection agencies and I included those all in my filing with no problems.

Same situation here.....all mine were discharged. Clean and free! I haven't bouced a check in over 7 yrs.....and never plan to again.

[robivi3]

I honestly only write one check per month. That is for the water bill. Online accounts and the the proliferation of acceptance of the check card have eliminated the Postal Service and the written check. Just be careful. Not to get preachy but we've had the same two Bank accounts for 23 years. I may have bounced three checks in that time. One time with the credit union only and I think twice with the regular bank. It's just me, I can't fathom doing it but i know that it happens due to payroll deposits and NEEDS. Believe me to feed my family I'd bounce one in a HEARTBEAT.

My hard habit to break was credit though, so we've all got our "cross to bear". You've gotta deal with nueral pathways and rerouting electrical impulse and such to break habits. Just try to steer clear of doing it anymore. Don't bounce to those you depend on, like the Grocery Store, FPL, the Roach Coach and all. No need to explain, like i said, we all have our own cross to bear.

[SinkingFast]

I know bad check laws vary according to where you live. But you wouldn't have wanted to repeatedly write bad checks in our old home county in Missouri. Evidently, before we moved there, bad check writing musta been a real problem in the county. Right after we moved there, they passed a new law. It's a Class D felony to knowingly write a bad check there.

Everybody makes a math mistake from time to time. If you're a regular customer, local stores will cut you some slack and let you make good on the debt. Chain stores like Walmart and Osco and such, however don't. You get reported right away. If the County Sheriff believes it was an honest mistake, you don't get arrested. They give you a couple days to make good. If you don't make good with the store, the Sheriff comes lookin for you. If it's your unpteenth bad check, you are going straight to jail. No "Mr Nicey Nice" from the County Sheriff for bad check kiters there.