Legal Question in Bankruptcy in Maine

can I be sued for debts if I file for bankruptcy

can I claim some bad checks in my bankruptcy and

if so can I still be taken to court for writing them... also what if there were stop payments put

on some of them for good reasons? I claimed chapter 7 in 1992 When can I file chapter 7 again?


Asked on 11/11/98, 7:48 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: bad checks/bankruptcy

Bad checks are dischargeable unless the creditor can show fraud or willful and malicious injury. The stay and discharge do not bar criminal prosecution, but the bankruptcy court can enjoin the prosecution if it appears that it is merely being used as a collection device. If the stop-payment is for a valid reason, you most likely cannot be prosecuted (although these laws are state-specific).

You can file Ch. 7 at any time. You cannot get a discharge in a Ch. 7 if you were granted or denied a discharge under the bankruptcy code in a case commenced within 6 years prior to the commencement of the new case. If you filed in '92, you can now file again and get a discharge.

Daniel Press

Chung & Press, P.C.

6723 Whittier Ave., Suite 302


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Answered on 1/05/99, 10:45 pm


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