Legal Question in Bankruptcy in Indiana
Bad Checks
Before declaring bankruptcy, my bank removed money from my account causing several returned checks. The county prosecutor had me arrested and I am charged with class D felonies. The checks are still outstanding and I have no way of covering them. What defense is there for my situation?
Asked on 9/05/00, 4:30 am
1 Answer from Attorneys
E. Brian Davis
Davis Law Office
Re: Bad Checks
Based on the facts you presented, it appears that the Bank
exercised its common law right to "set off" the debt it owed
to you (represented by the money in your bank account) against
the debt you owed the bank (a loan or whatever).
Because the checks were good when issued, as far as you were
aware, you may have a defense on intent.
Answered on 10/05/00, 1:11 pm
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