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
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.
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.
