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
Leonard Sominsky
  • 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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.