Personal Bankruptcy Does filing Chapter 7 excuse a BAD CHECK?

[2trusting]

I own a magazine in California and recently filed a claim in small claims court against an advertiser who wrote my magazine a bad check in the amount of $780, which she refused to reconcile with my company (I have emails from her stating she refused to send me "one more red cent" because she did not receive any results from her ad. The day she was going to be served papers, I received a notice that she filed Chapter 7 bankruptcy. Can I object to the discharge of her debt with my company on the basis that she committed a crime? If so, can I also charge interest? Or fees for filing in small claims? Or fees for filing the objection? Thanks in advance for suggestions. Not sure what to do.

 

[Theresagail]

Depends on when the check was written, if it was with in 90 days from the time she filed bankruptcy you can state this was fraud-- however, you most generally need an attorney to file for you and the cost is around $250.00 plus the attorney fees.
The only way you can pursue her now is if you get relief from the automatic stay otherwise you would be in violation. If you did get relief you could small claims her -- I would add all fee's incurred and the judge will tell you weather you will be awarded them or not

 

[2trusting]

The check was written on 11-30-07 and she filed Chapter 7 on 8-15-08. During that time period I was sending her certified letters attempting to collect and I finally just filed a claim in Small Claims Court. Now I have to cancel the court date since she filed Ch. 7 but am unsure what, if anything, I can do from here.

I'm sorry but I don't understand what is meant by "if I get relief from the automatic stay."

It says on her bankruptcy form that I can file a complaint objecting to the discharge of the debt. Can't I just send a letter objecting on the basis that she broke the law by writing a bad check?

Should I just drop this or get a lawyer and pursue her? Not sure what to do but am tired of being screwed by people filing bankruptcy left and right!

 

[Theresagail]

The time line has passed to claim she commited fraud. When someone files bankruptcy they have what is called a automatic stay-- meaning no one can pursue them @ all. when you get relief from the automatic stay this means-- you are no longer bound by the bankruptcy. Unless her bankruptcy is dismissed you are SOL.