Nashville, TN asked in Banking and Bankruptcy for Tennessee

Q: I filed for bankruptcy in March I was arrested for a worthless check in April that’s inculded in my bankruptcy

I had to pay 300$ to get out jail I have paid my lawyer the 1500$ for my bankruptcy but haven’t been to court yet to finalized it but now I have a worthless check charge the check was for 1500$ I have never been in trouble or in jail and have a clean record I want to know what I need to do now and what will happen next my bankruptcy lawyer is saying he doesn’t represent in criminal matters but I filed bankruptcy through him I’m baffled

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1 Lawyer Answer
Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: The automatic stay does not operate to stay criminal prosecutions for criminal acts. While the stay would prevent the creditor with the worthless check from proceeding against you civilly, it does not stay criminal action for the crime of writing the worthless check. The worthless check debt most likely will not be discharged in bankruptcy although your lawyer properly included it in your bankruptcy. Hire a criminal defense attorney to resolve the bad check case. It likely can be dismissed if you make the check good.

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