I have a friend that is in a situation, my brother is in over 26k personal dept with credit card company and other bills that are in collections. He is about 66K in dept including student loans. The major problem is he is in criminal court for "bad checks" for giving the credit card company a bad check to pay off his dept. Can he still file for bankruptcy? If so which one can he file?
You can file, however, criminal fines, student loans, and certain other excepted debts will not be discharged. Filing bankruptcy will not get you out of criminal liability, including criminal liability for a bad check. You can file, even if you are being prosecuted, but this will apply only to civil liability and not protect you from criminal prosecution. See a local bankruptcy attorney for the full explanation.
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Yes he can still file for bankruptcy and probably should file. At the least call an AVVO bankruptcy attorney in your area and schedule a consultation today.
The criminal charge is an exception to the general rule that credit card debts are discharged. He needs to review what bankruptcy options are available for the specific reason that he needs to get out of this cycle of debt that he is presently in.
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You cannot erase a bad check in bankruptcy court!
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Your friend can file bankruptcy, but that does not necessarily solve his problems. It will not stop the criminal matter from going forward against him. Any award of restitution would not be eliminated in bankruptcy. In addition, the creditors that were defrauded can object to their claims being discharged in bankruptcy. It may be a circumstance where bankruptcy can be filed to eliminate some of the debts which will make it easier to address any claims that are not dischargeable. Your friend should consult with an experienced bankruptcy attorney to see if bankruptcy makes sense.
Yes, your friend can file bankruptcy even with the pending criminal suit. As others have mentioned, filing the bankruptcy will not erase the bad check charge or stop the criminal proceeding. The student loans are also likely not dischargeable in a bankruptcy. He may be able to file either a Chapter 7 or Chapter 13, depending on his income and expenses. Given the student loan debt, it may make more sense to be in a Chapter 13. He should consult with a bankruptcy attorney in his area to go over his situation and make a recommendation on which chapter to file. Best of luck.
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May want to wait until the criminal issues are resolved. Chapter 13 could provide a forum in which nondischargeable debts could be repaid. Never a good strategy for a non lawyer to offer someone else legal advice and pressuring someone else into going into bankruptcy comes with only negative repercussions. Hope this perspective helps.
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