Legal Question in Bankruptcy in California

Bad Check Restitution ..............

Hello, I filed BK7 and was discharge in March 2004 and one of the creditors i listed was a couple of bad checks to cosco and they have this collection company called '' Bad Check Restitution'' attempt to collect the debt this company or Cosco never asked for a stay of relief, i continue to receive demand letters from them and i called them they responed by saying that i cant discharge this debt that they ( Bad check Rest.) are exempt from any Bankrupcy 7 or 13, is this true? i thought if no creditor showed to the 431 meeting or applied for a stay and that it was discharge, i assumed that it was a done deal! Help,Thanks


Asked on 7/21/04, 9:44 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Bad Check Restitution ..............

The only thing that is not discharged that comes close is "money . . . to the extent obtained by false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor's or an insider's financial condition." 11 U.S.C. � 523. I agree that, since they didn't file an adversary action, they're out of luck. Send them a "cease and desist" letter by certified return-receipt mail, and keep a copy. If they continue, let's hear from you and see if they're willing to pay you big bucks for violating the permanent injunction.

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Answered on 7/22/04, 1:08 am


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