In a chapter 7 bankruptcy filing, you can discharge all debts which are not prohibited by the US bankruptcy code. It is not necessarily the bad check to you in discharging, but the debt that it was meant paid. Although some debts under Chapter 7 bankruptcy are not allowed to be discharged, such as a check to pay taxes. Although in a chapter 7 bankruptcy, if the check was made within 90 days of filing for Chapter 7 bankruptcy, the debt most likely would not be discharged, as the US bankruptcy trustee would consider this fraud.
I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.
Joseph F. Botelho, Esq.
BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com
126 Shove Street Unit 202 Fall River, MA 02724
Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147
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Answered on Feb 20th, 2012 at 12:00 PM