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Questions about NFS Rules

What is NSF?

NSF, also called non-sufficient funds, is when a person has a bank account and does not have the money in the account to cover the checks or debits from the account. NSF fee is the fee the bank charges or the company the check was written to charges for the non-payment of the check. A NFS check is also referred to as a bad check, dishonored check, bounced check, cold check, or returned item. Below are the most commonly asked questions about NFS rules and NFS laws as they apply to bankruptcy.

Should a person who lives on Social Security income file bankruptcy to get rid of NSF fees and other debts?

Anybody can file for bankruptcy, but if the person lives on a fixed income, such as SS or other government based income, then the creditors cannot collect on any debts that the person owes. The debt collectors cannot collect the debts because government money cannot be garnished.

What happens when a Chapter 13 Bankruptcy trustee makes false statements in a Motion to Dismiss when the trustee claims to be paid by a check that was returned due to NSF?

In most cases a trustee does not accept checks, but instead they usually only accept certified funds. If the person has the allegations made against him/her, then they can file a motion in court to dispute the allegations. Then the person can appear at the motion and appeal to the judge to strike the statements regarding the NSF check from the record or to file an explanation regarding the NSF check.

Can a person keep a car that they purchased and include NSF checks when he/she files for bankruptcy and what would be the cheapest way to do this?

When the person files for bankruptcy, he/she can keep the car as long as the payments are up to date or paid off. The NSF checks could be included in the bankruptcy as long as there is no criminal actions in which the NSF is associated, since bankruptcy does not include any criminal type of dismissals. In most cases, if the District Attorney has a payment plan then they may set it up with the person to repay the NSF. The person can file bankruptcy themselves, even though in most cases it is recommended that the person use a bankruptcy attorney.

Can a person file a case against a person who had a returned check due to NSF if the person filed for bankruptcy?

If the person pursues the check owner for criminal actions, then the bankruptcy will not affect the criminal aspect of the case. If the person who wrote the check files for bankruptcy, then the actual amount of the check can be discharged during the bankruptcy proceedings. The bankruptcy code does not let the person have a dismissal when the debt was obtained fraudulently. If the person wanted to gain the debt through exception, then he/she would need to hire a lawyer to do this.

When a person writes a check and does not have the money in his/her account to cover the check and it is returned for NSF, then the questions may arise about what can be done to handle the issue. If the person is in debt and wants to file bankruptcy, then he/she may have questions regarding the NSF checks and if they can be included in the bankruptcy. When you are faced with these or other questions about NFS and bankruptcy, you can get answers specific to your situation by asking an Expert to evaluate the details of your case.

Ask a Bankruptcy Lawyer

FiveStarLaw
FiveStarLaw, Attorney
Category: General
Satisfied Customers: 3316
Experience:  Bankruptcy Lawyer. Experienced.
9968427
Type Your Bankruptcy Law Question Here...
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3 Bankruptcy Lawyers are Online Now

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    Rate the answer you receive.

Bankruptcy Lawyers are online & ready to help you now

FiveStarLaw
Attorney
Satisfied Customers: 3203
Bankruptcy Lawyer. Experienced.
Terry L.
Attorney
Satisfied Customers: 2204
Better Business Bur 15yrs bankruptcy experience. Chicago Bar
Phillips Esq.
Attorney-at-Law
Satisfied Customers: 950
B.A.; M.B.A.; J.D.

Recent NFS Questions

  • about is meant by interim trust appointed in my chapter 7

    about is meant by interim trust appointed in my chapter 7 and can I oppose this appointment as a party in interest do to prejudice and violation of my rights to due process by contacting my tenants asking for the immediate surrender of all rents to them after one day of being appointed after my conversion as a debtor in possession under chapter 11 of the bankruptcy code for individual debtors. The 14 day stay is given under FRBP 6004 (h)
    and therefore this trustee violated my rights of due process requesting the immediate cease and decease of my collection of rents being use in the normal coarse of business operation regarding this estate correct?
  • I have a hearing on my Debtors Motion to Amend or make additional

    I have a hearing on my Debtors Motion to Amend or make additional findings of fact pursuant to rule 7052, 9014 and 7062 of the F.R.Bank.P. I plan to appeal to the District Court. My question is can I also file with the Notice of Appeal a motion for stay of the enforcement the Order until appeal has been heard? And can I also continue to use the cash collateral opposed to the Chapter 7 trustee in order to manage the estate? A bankruptcy court principal responsibility is to secure the benefits of creditors best possible bid and I am better situated to do that in a more efficient and effective and expeditious manner then the trust. Is their bankruptcy ruling and law for this. 2nd Circuit would be great
  • Can a Debtor-in-possession maintain use of the cash collateral

    Can a Debtor-in-possession maintain use of the cash collateral in a conversion to a Chapter 7. This Chapter 7 trustee after one day of being the interim trustee sent me and all my tenants a letter demanding the Immediate cease of all rent to me. This just doesn't seem right and will be counter productive for the immediate well being of the Estate.
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