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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 12367
Experience:  JD, MBA
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I have a criminal court date hearing for a dishornored ...

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I have a criminal court date hearing for a dishornored check charge, I filed against a builder that gave me a bad check for $5,230.00 and I previously asked if I need to hire representation on my behalf since I have the returned check and the bank paper showing returned for NSF and I was advised by justanswer "walter" that I could reresent myself. I have now heard that the builder I filed against has filed for bankruptcy. How if any will this effect my case.

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.

Please let me know if I've adequatly answered your legal questions. If so, then please remember to ACCEPT my post as that is the only way I will receive credit and compensation for my answer. However, please understand that my answer is meant for informational purposes only and is limited by the facts presented. Therefore, it should not be construed as “legal advice” and is not an adequate substitute for the retention of legal counsel. Thank you and good luck!

TJ, Esq. and 4 other Bankruptcy Law Specialists are ready to help you
Customer: replied 9 years ago.
Thank You for your response.