Debt and Bankruptcy
Bankruptcy Law
US Government

Can you file bankruptcy on bad checks when there is an active court case on the matter?


Top Answer
User Avatar
Wiki User
2006-05-24 12:26:47
2006-05-24 12:26:47

Absolutely not. Bad checks are a criminal matter and it's assumed you knew they were bad when you wrote them. Bankruptcy is not a fix, it's a consequence. * The NSF checks in most cases can be discharged in a chapter 7, even with pending or active litigation (which is more likely to be civil than criminal). BK filing halts ALL creditor action unless the creditor receives a lift of the automatic stay or the BK court rules the debt cannot be included. It is more likely the person will have to accept a "13" filing, the NSF will included in the BK repayment schedule.

User Avatar

Related Questions

You can and should include the bounced checks, but that will only take care of any civil liability. If the criminal case results in a fine or jail sentence, the bankruptcy will have no effect on that. If the criminal court orders restitution, chances are the bankruptcy will not affect that either, but some states have different rules.

Federal Bankruptcy Court hears bankruptcy cases.

CRB checks were replaced by DBS checks in 2012. A CCJ is a civil court ruling, not a criminal conviction so it does not form part of your criminal record and will not show up on a DBS check, similarly, a bankruptcy will also not appear.

Yes. The federal court system has exclusive jurisdiction over bankruptcy cases; they are heard in US Bankruptcy Court.

The bankruptcy court will deal with ALL your assets.

Bankruptcy can be filed at the Bankruptcy court for the area you are in. For instance in Northern Florida, it's the Florida Northern District Bankruptcy Court.

In a FEDERAL Bankruptcy court

Bankruptcy Court is filed in Federal District Court, however, exemptions claimed are state regulated.

A company filing for bankruptcy must do so at a court, which is generally a matter for public record. Local procedures will determine the manner in which you can access this information.

Obviously they can issue a stop on checks in normal course of business. But, any check outstanding at filing....WILL NOT BE HONORED...the court immeadiately stops and holds the banking accounts of the filing company...those assets are part of the is any uncashed check. The no payment order isn't from the is part of the operation of law.

No you can not file bankruptcy on anything that is court ordered.CAN YOU FILE BANKRUPTCY ON RESTITUTION?

Unless there is a lien on the property, they are required to obtain permission from the Bankruptcy court and get in line. Bankruptcy court has authority over all other civil courts. Contact your bankruptcy lawyer for advisement.

Most taxes are not discharged in bankruptcy.If the amount of your tax liabilities is not clear, the bankruptcy court cam decide how much you owe; you need not go to tax court for that.

You can find it from the court where you filed your bankruptcy.

To be considered bankrupt, a court has to issue a bankruptcy order against you. One can apply to the court for bankruptcy if they are unable to pay their debts.

Bankruptcy is when a person or a firm thinks that they are in financial crisis, they go out for filing bankruptcy in related court.

Relief from the automatic stay may be obtained by filing a motion with the bankruptcy court. In Cleveland, the motion must be accompanied by a notice informing all creditors of a hearing on the matter and the time limit within which objections to the motion must be filed. At the same time, a proposed order granting the relief must also be filed with the court.

You must go to the United States Bankruptcy Court for the district in which you live. This is a federal court. State courts do not handle bankruptcies.

Some states call their trial courts supreme courts. In most states, the supreme court, like the federal Supreme Court, is the highest appellate court in the state. A bankruptcy may not stop a case on appeal to a state supreme court. But if it is a trial court, then bankruptcy can stop a case from going forward. Consult a local bankruptcy lawyer.

In most cases it will be sent to you by the bankruptcy court. If you need another copy or have not received your discharge papers when you believe you should have then contact the bankruptcy court to obtain them.

It is unlikely that you can. Bankruptcy is handled in federal court.

A person or persons would need to file for bankruptcy before having any contact with the court and/or bankruptcy trustee. A bankruptcy discharge is what is granted if the filing is deemed valid.

US Bankruptcy Courts have jurisdiction over all bankruptcy cases.

Your question needs to be addressed to an attorney familiar with bankruptcy laws as well as fraud statutes. You could begin by informing the bankruptcy trustee. That is the person assigned by the bankruptcy court to determine the eligibility of the bankruptcy applicant. If you can't find out who this person is, try calling the bankruptcy court. Bankruptcy is a federal court issue. There are usually two bankruptcy courts per state.

Copyright ยฉ 2020 Multiply Media, LLC. All Rights Reserved. The material on this site can not be reproduced, distributed, transmitted, cached or otherwise used, except with prior written permission of Multiply.