Q: Can NSF Checks be discharged in a Chapter 7 Bankruptcy ?
I have filed bankruptcy an included NSF Checks as debts, however i have come to learn that the prosecuting attnys in some counties already have some of them. Can they still be discharged?
A: You can discharge the civil liability. But you cannot stop the state from pursuing criminal prosecution, including ordering restitution. It is at the prosecutor's discretion. Your criminal attorney may be able to negotiate on your behalf. If the Prosecutor thinks these checks are minor and he is merely a debt collector, he may drop it. If the checks are significant, he may not. Other factors will be considered as well. If the prosecutor has not filed charges on checks prior to your bankruptcy, they may not. Criminal prosecutions are excluded from the automatic stay as well.
Michael Francis Barrett agrees with this answer
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