Legal Question in Bankruptcy in Louisiana

Can debts from checks be claimed ?

During the past year of overwhelming debt I have written several checks that did not clear the bank. One was for over $4000 dollars. I have attempted to pay this back on a monthly basis but the bank is demanding larger and more frequent payments. Is there anyway to include this debt in a bankruptcy proceeding?


Asked on 2/26/98, 1:33 pm

1 Answer from Attorneys

Mark Markus Law Office of Mark J. Markus

can debts from checks be claimed

I'm not sure I understand your question. To whom are you attempting to pay back...the bank or the party to whom you wrote the bad checks? Did the bank cover the checks even though you had insufficient funds? That doesn't sound right. In any event, it sounds like either way this is a regular unsecured debt and could be discharged under any chapter of bankruptcy. However, there may be grounds for the bank to object to the discharge based on fraud in a chapter 7 whereas in a Chapter 13, there would not be such grounds. There may also be criminal aspects to writing such checks and any penalties from that may not be discharged, but it doesn't sound like that is what you are asking. If you would like a more comprehensive consultation, please visit my web page below and feel free to give me a call. Best Wishes,

Mark

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Answered on 2/27/98, 9:31 pm


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