Check wrote before filing check bounced after filing need help

[brokr741]

So my girlfriend filed for ch7 in Nov and all was good. Her case is not closed due to another thing we are clearing up bet here it the issue. Se wrote a check before she filed, the creditor didn't deposit it for a few weeks after filing and then it bounced. Now the creditor says that since it bounced after the filing she cant include them. We included them on the schedule F. Also the attorney is hard to get a hold of and isn't any help now.

So can she still include it since she wrote it before she filed or does it even matter when it happened since her BK isn't closed? I thought we could just amend her schedule and be done with it. They also tried to run the check thru twice now. Thanks

[AngelinaCat]

The creditor is full of 'you know what.' It is the creditor's problem that they didn't deposit the check in a timely manner.

[DebtEnder]

I would think since your action that "caused" the debt, bounce check fee's, occurred before filing, they should be included. It would be like getting sued after filing for an accident in a car you had before filing. The action that caused the liabilities happened before you filed.

[tobee43]

if you listed it on the petition you are good to go. don't let them scare you at all. they are as cat says full of it.

[Bell30656]

However, check with your attorney about the criminal charge side of this. Here in Georgia it doesn't take much to file charges for a bad check. The last thing you need is to deal with making bond.

[justbroke]

If the check was written to a creditor to pay a credit account, then there is no law broken by bouncing the check. What makes writing a check criminal is when you issue the checks for goods/services in direct exchange for the check. In other words, it would be criminal if you directly purchased something with the check. This is the case in every State that I know of.

Since you wrote "creditor" then that means it was for payment on a credit account and is not subject to the criminal laws regarding writing "bad" checks.

As already stated, this is a pre-petition debt and is dischargeable. If this were for a check written to a merchant which exchanged goods for the check, then it would be non-dischargeable and possibly criminal in your State.