Legal Question in Bankruptcy in Virginia

Unpaid checks

I filed chapter 7 in Nov 2003 I listed unpaid checks and now the creditors are filing court papers on me. My case was up for dismissal but it was reinstated and now 2 creditors have filed court papers against me for the bad checks, are they allowed to do this?


Asked on 3/17/04, 2:28 pm

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

Re: Unpaid checks

While suing you in civil court (or proceeding with such a suit) during the pendency of the automatic stay or after discharge in bankruptcy is illegal, it is not illegal for the State to prosecute you criminally for passing bad checks. There is some authority that if the prosecution is merely a debt collection tool, it may be enjoined by the bankruptcy court, this is a long shot. You need to consult with your bankruptcy lawyer on this, as well as a criminal lawyer if these are criminal charges.

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Answered on 3/22/04, 1:18 pm


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