Glendale, AZ asked in Bankruptcy, Collections, Consumer Law and Criminal Law for Arizona

Q: Can I include my NSF returned checks from my checking account with my bankruptcy? in Az?

my TCF checking account is overdrawn 900 dollars in several returned checks from several different retail stores. i am also 22,000 dollars in debt with out making minimal payments. my concern however is with the TCF bank and the bad checks. I also have a criminal history with 2 prior historical felony convictions for forgery. (i screwed myself) i am determined to be serious mentally ill but that is only a mitigating factor by now. although my debt started after the SMI determination by the state of az im 2012. my checking is still open for apx 45 days! i didnt realize the consequense until yesterday and i need help

1 Lawyer Answer

Leonard Sominsky

Answered
  • Bankruptcy Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: Although overdraft fees are an unsecured debt, the bankruptcy law specifically excludes NSF checks from being discharged. You should list the debt in the bankruptcy schedules anyway, but most likely the debt will survive. Also, if the NSF check is not made good quickly, the store MAY submit it for prosecution by the County Attorney. Basically, writing a bad check in Arizona is a crime and you MAY be fined and serve time if the County Attorney takes the case. You should speak to an experienced bankruptcy attorney before you proceed.

1 user found this answer helpful

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