Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Hello and thank you for allowing me to address your legal question.
So far as the criminal charges are concerned, the bankruptcy will not have an effect at all. Filing bankruptcy does not protect somebody who committed a crime. From a civil perspective, it’s possible that the bankruptcy will mean that you cannot collect on the bad check. In other words, the debt could be discharged.
However, the bankruptcy code does not allow a debtor to discharge a debt that he obtained fraudulently. Therefore, there is a possibility that you can have the debt excepted from discharge, particularly if the builder is convicted of the criminal charges.
Unfortunately, attempting to have the debt excepted from discharge is not something that a layman can adequately do himself. You will need to hire a bankruptcy attorney to file an adversary proceeding against the builder in the federal bankruptcy court.
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