can you include a bounced check in CH13?

[95kindebt]

We had a checking account we had to close, since a checkbook was stolen out of our car. There were 3 checks that hadn't cleared yet when we closed the account, and went back NSF/Closed account. I have goten letters from the companies. Can I include these in my BK, or should I pay them out right?

Also, the bank charged us $37.50 six times, to return the checks (deposited 2x each), so now we owe the bank $225 in OD fees, can we include this also?

Thanks.

[Nicollette]

We had a checking account we had to close, since a checkbook was stolen out of our car. There were 3 checks that hadn't cleared yet when we closed the account, and went back NSF/Closed account. I have goten letters from the companies. Can I include these in my BK, or should I pay them out right?

Also, the bank charged us $37.50 six times, to return the checks (deposited 2x each), so now we owe the bank $225 in OD fees, can we include this also?

Thanks.

I included a bounced check, and an overdrawn bank account in my plan. The company that I bounced a check to, did not file a claim, nor did the bank where I had the overdrawn account. The bounced check was for $126, and the overdrawn account was -$360.

[sassiebaz]

Just know if you don't satisfy those accounts with the bank, they will put you on chexsystems, if they haven't already! That will make it very difficult for you to get another account. I assume you opened an account right after you closed the original one? If so then you should be good. I believe you stay on chexsystems for 5 years.

[MSbklawyer]

In my district, at least, the answer is 'no'. A check is not a debt, it's a draft on existing funds. The overdraft fees, however, are debts and can be discharged. The exception is the check advance places. Bad checks to them are dischargeable because the check is written with the knowledge that the funds aren't present and the check is post dated.

Even if you manage to discharge the financial responsibility for the check, be aware that in most states writing hot checks is a crime. Bankruptcy won't affect your criminal liability.