Bankruptcy – Can you wipe out bad checks in a Georgia Bankruptcy?
No. Bankruptcy does not protect you from criminal prosecution for writing bad checks. In fact, bankruptcy does not protect you from any criminal prosecution. I spoke with a client in my Rome Georgia office a few weeks ago who wrote some bad checks to a local grocery store. She told me that she was buying food for her kids. I felt terrible explaining the cold hard truth to her. The grocery store has the right to criminally prosecute her even if she filed a Chapter 13 bankruptcy. Even in cases where all the debt is being paid at 100 cents on the dollar will not stop a criminal prosecution. However, it is possible the at 100 percent Chapter 13 plan might persuade a judge that the person is making the best possible effort to rectify the situation.
You should never write a check to anyone unless you have the funds in the bank to back it up. You can’t be prosecuted for owing money to someone. However, you can be prosecuted for writing a bad check.