Chapter 7 in the state of tennessee
2006-09-05 06:08:22 · 4 answers · asked by Joan F 1 in Politics & Government ➔ Law & Ethics
In general debts, including debts for bad checks, are dischargeable. But in some few states these debts become part of a prosecution for bad checks and then part of a judgment for restitution. Or the DA threatens to prosecute unless they are paid.
As I recall (I am not from one of those states, and I don't know about Tennessee; perhaps another Answerer will be from there) the courts have not been consistent. The Automatic Stay ought (in my opinion) prevent prosecution, but I seem to recall bankruptcy lawyers from other states citing cases where it has not.
I have just looked in the NCLC Handbook for lawyers, which ought to have an answer, but I can't find it. I have done a quick search of the case law and it confirms what I said above: unless a Tennessee court orders restitution, any debt resulting from a bad check can be discharged in the normal way. (The case is linked below.)
I will say this: the answers before mine are rubbish and you should pay them no mind.
2006-09-05 06:47:45 · answer #1 · answered by Anonymous · 1⤊ 0⤋
It's not a valid debt so you can't claim it as one, if you're asking if you can claim it on your chapter 7 filing. You can claim the bank fees, as they are being charged to you, but the court can disallow any item they feel is fraud, so it probably would be tossed by the trustee. (Doesn't matter what state, chapter 7 is a federal Bankruptcy court action.)
2006-09-05 06:35:46 · answer #2 · answered by Anonymous · 0⤊ 0⤋
No, but you can go to jail on bad checks.
2006-09-05 06:13:37 · answer #3 · answered by spaceytracey3 4 · 0⤊ 0⤋
no because you are not borrowing money to cover the transaction.
2006-09-05 06:13:57 · answer #4 · answered by waplambadoobatawhopbamboo 5 · 0⤊ 0⤋