Legal Services | Attorney | Personal Bankruptcy | Business Bankruptcy | Contact Us | Locations | Free Consultation

Houston Bankruptcy - Bankruptcy & Bad Checks

A “Bad Check” also known as a Hot Check, a Dishonored Check, a NSF Check, a Bounced Check, a Worthless Check, Bogus Check, False Check or Rubber Check are names that refer to a check which the bank will not honor or pay due to there being insufficient funds in the maker’s account to pay the check. A check can also be a Bad Check if there is no such checking account, or a stop payment may have been put on the check when there was never any money in the account to begin with. Whatever name they go by, and for whatever reason they are not paid, they are considered “Bad Checks” when they are issued and not honored.

Writing a Bad Check is an unlawful act which has both civil and criminal penalties. In the State of Texas, writing a Bad Check is a crime and it could be punishable with a substantial fine or even jail time. Depending on the amount of the bad check or bad checks written, a person can be prosecuted for a felony. In the State of Texas it is a misdemeanor to write a Bad Check under the amount of $50.00 for both the first and second offense. It is however a felony, to write a Bad Check for an amount over $50.00. And, it is also a felony when a person commits a third offense of writing a Bad Check for an amount under $50.00

Depending on the type of Bad Check offense and the number of offenses committed, the potential criminal penalties under the Texas Bad Check laws start with up to two years in county jail or up to $1,000.00 in fines, or both, and continue all the way up to 10 years in jail. The holder of bad check may charge the obligor with any additional processing fees.

When a person who has written a Bad Check files for Bankruptcy under any Chapter, it will not protect them from criminal prosecution and will not discharge their criminal liability for any restitution, costs and fines associated with the criminal prosecution & restitution.

Additionally, a person who has written a Bad Check can still be arrested, notwithstanding the pending Bankruptcy. The Automatic Stay does not extend to matters of criminal prosecution. The Automatic Stay does stop the collection efforts of a non-governmental party who you may have written Bad Check to, but not their right to proceed to the District Attorney’s office and file a criminal complaint. Simply put, if you have a written Bad Check, the party to whom you wrote the Bad Check can still have you arrested and criminally prosecuted if you, in fact, committed the crime irregardless of your Bankruptcy filing. In summary, filing for Bankruptcy will not stop criminal prosecution for a Bad Check but will discharge the debt owed. The Discharge in Bankruptcy does allow certain unsecured debts to be discharged in Chapter 7 and Bad Checks is one of them. Chapter 13 can also discharge Bad Checks but its usually not the wisest thing to do. In a Chapter 13 Bankruptcy Bad Checks can be repaid as part of a Chapter 13 repayment plan, but again the filing of a Chapter 13 does not stop criminal prosecution for a Bad Check even though your plan may include repayment in full.

At The Law Offices Of R.J.Atkinson,LLC we generally recommend that if at all possible you should attempt make bad checks good prior to your filing for Bankruptcy in order to avoid criminal prosecution on the checks. Understandably this is not always possible to take care of a Bad Check or Bad Checks prior to filing a Bankruptcy since you may be facing a foreclosure, repossession, or other urgent motivating factor. When the only option is to file Bankruptcy before taking care of a Bad Check, you must at least be aware that the filing will not stop criminal prosecution.

If you have questions regarding more detailed or specific questions about Bad Checks and Bankruptcy contact The Law Offices of R.J.Atkinson,LLC for a to answer your questions about Bad Checks and Bankruptcy. Whether you’re in Houston, San Antonio, Austin, or Dallas, we may be able to assist you in filing for Bankruptcy Debt relief under The New Bankruptcy Law. Don’t lose everything. Call the The Law Offices of R.J.Atkinson,LLC at 713-862-1700 today.

 

footer
Please read: Certification | Disclaimer | TexasLegalWeb | State Bar of Texas | Resource Links Last Updated March 28, 2024
RJABANKRUPTCY © 2004 - 2024 RJ Atkinson, LLP Attorney At Law – All Rights Reserved
Houston Bankruptcy Lawyer / Attorney provides Chapter 7, 11, 12, 13, Affordable Bankruptcy Fees & Discount Legal Services in Houston.
Houston Bankruptcy Attorney provides Low Cost Bankruptcy & Discount Rates on Bankruptcy Attorney Fees serving Houston, Sugarland, Missouri City, Baytown, Pasadena, Channelview, Katy, Galveston, Pearland, Spring, Tomball, Webster, La Porte, Friendswood, Conroe, Clearlake, The Woodlands, League City, Texas City, Rosenberg, Richmond, South Houston, & Houston Texas

Filing Bankruptcy can sometimes be the fastest way to get out of debt and may be the most affordable way to get a fresh financial start. Chapter 7 Bankruptcy can quickly wipe out your debts, increase your credit score, stop wage garnishments, get rid of credit card debt, eliminate medical bills, stop payday loans, stop bill collectors, erase negative credit reporting, and reestablish new credit after bankruptcy. RJ Atkinson — Houston Bankruptcy Lawyer have payment plans to make filing Chapter 7 or Chapter 13 Bankruptcy affordable which include low cost flat fees for Chapter 7 that may be considered the cheapest bankruptcy attorney fees compared to fees other bankruptcy lawyer charge. Chapter 13 Bankruptcy can save your home from foreclosure, save your car from repossession, lower monthly payments, reduce interest rates, get rid of late fees, reduce credit card interest, payoff high credit card debt, raise your credit score, stop creditor harassment, get rid of debt, reduce debt, eliminate creditor calls at work, stop collection calls, start over financially, discharge debts and/or be debt free in 3 to 5 years. IRS tax problems, tax levies, wage garnishments, back taxes, payroll taxes, income taxes can often be handled in Chapter 13 bankruptcy. Divorce/Bankruptcy – past due child support arrears, alimony, spousal support, and divorce debt can often be handled in chapter 13 bankruptcy. The Law Offices of RJ Atkinson handles debt consolidation, loan modifications, credit card debt settlement, debt negotiation, lawsuit defense, IRS problems, credit card lawsuits, TROs temporary restraining orders to foreclosure, forbearance agreements to foreclosure, FDCPA Fair Debt Collection Practices Act lawsuits, FCRA Fair Credit Reporting Act lawsuits, credit report disputes, debt collection lawsuits, adversary complaints in bankruptcy, bankruptcies, foreclosure workouts, mortgage short sales, real estate property tax disputes, civil litigation, commercial litigation, tax lawsuits, small business bankruptcy, corporate bankruptcy, business creditor representation, and most every kind of debt related issue or financially based legal problem on a case by case basis.
Pursuant to 11 U.S.C. §528, “We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.”
Find Houston Bankruptcy Lawyer on Google Maps | Yahoo Maps | Better Business Bureau
Houston Bankruptcy Attorney Lawyer 3617 White Oak Drive, Houston, Texas 77007. Bankruptcy Phone: 713-862-1700