Ready to file soon, can I stop check on payment for creditor?

[akcire]

I have been thinking about filing for some time and am ready to do so. My husband wants to file as well. He has one credit card that is over $8000 and 2 others over $2000 each. We just post-dated a check for one of the credit cards for next week.
Would it be look bad or be brought up in the court if we did a stop payment on the check?
We are not doing it to be greedy. We had do to a post-dated check cause we didn't have the money and the creditors kept calling. Even though it is post-dated, we can use that money for food, gas, and past due utilities.
I am just thinking if we are planning on filing, should we stop paying the creditors now? The reason for us filing is to have more money for food and keep our utilities paid on time and to start paying on my students loans that have been on deferrment for years.
Any advice would be appreciated.

[HHM]

First off, post dating checks is bad, but nonetheless; NO do not stop payment as that could expose you to criminal liability.

It would have been better had you not sent the payment at all.

So, you are going to have to let that check clear. But otherwise, if you are certain to file, you can stop paying all your unsecured creditors (i.e. credit cards).

[Pinktiger]

That is not necessarily true.

I asked my BK lawyer a similar question: I had two postdated checks with MBNA, and lawyer told me to contact the bank and issue a stop payment on the checks. I did. MBNA was contacted. No problems.

Postdated checks are not given the same credence as regular checks, anyway, and these were wired checks and not given the same.


ASK YOUR LAWYER.

First off, post dating checks is bad, but nonetheless; NO do not stop payment as that could expose you to criminal liability.

It would have been better had you not sent the payment at all.

So, you are going to have to let that check clear. But otherwise, if you are certain to file, you can stop paying all your unsecured creditors (i.e. credit cards).