Legal Question in Criminal Law in Maryland

Bankruptcy and Criminal Court case?

Hi. I have district court case next week for passing a NSF check. It is a misdemeanor charge here. I have also filed for Chapter 7 bankruptcy and my automatic stay is in effect which I know prohibits the collection of the funds. At my 341 mtg. of creditors the trustee advised me to get a postponement of the case based on the Automatic Stay provision and because the outcome of the district court case would primarily result in me paying restitution and fines......I have filed BK pro-se (w/out attorney) and just now, financially qualify for public defender but it's too late to secure their assistance as the case is next week. Is it within my rights to secure a postponement from the Judge and/or States Attorney? And if so, what would I need to say to them to best argue my request for the postponement? In addition, until the CH 7 is discharged, I CANT pay any creditors....so I'm stuck either way. Advice, please!!!! ASAP!!!! Thanks in advance.


Asked on 5/02/09, 4:59 pm

1 Answer from Attorneys
Jason Cleckner Law Office of Jason Cleckner, LLC

Re: Bankruptcy and Criminal Court case?

Yes, you can definitely ask for a postponement, but I don't believe bankruptcy is good cause. Some judges may disagree, but you are likely better asking for the postponement to get a lawyer. As long as you have tried, made contacts with attorneys/ PD this should be good cause. You may also ask the State to put the case on the Stet docket to allow you a certain time to pay restitution, and then you don't have to go back to court.

Read more
Answered on 5/02/09, 5:12 pm


Related Questions & Answers

More Criminal Law questions and answers in Maryland