Bad checks and bankruptcy

Hello. I am in Ohio and currently in a Ch. 7, our 341 is Friday. I have several "bad checks" some of which are with collection agencies, and a few with actual stores. Attorney (the joke that he is) said to include them in the Ch. 7. My question is, can they be discharged, and if so, does the creditor lose any right to criminal prosecution if they do not respond to the bankruptcy and the discharge is granted? I believe the SOL is 3 years on NSF checks in Ohio, and that time is almost up (maybe a year on a couple). These checks were not written deliberately to bounce; there was an error in my account and started a downward spiral for checks bouncing. Curious about what I should do. THanks.

[AttorneyOney]

In theory, a crime is an offense against the state and is therefore independent of whether there is also a civil cause of action for damages arising from the same conduct. Larceny by check, or whatever they call it in Ohio, is almost certainly a specific intent crime that requires the intention to steal. One who pays by check in the expectation that the check will clear doesn't commit that crime.

Debts are civil matters, not criminal.

Debts incurred by fraud are not dischargeable in bankruptcy. With some exceptions for credit card use within 60 days of filing, the creditor has the burden of proving fraud by a preponderance of evidence. In this context, fraud means making a material, false representation that induces the creditor to extend credit. The mere fact that a check bounces does not constitute fraud. If the creditor fails to bring an adversary proceeding within the deadline established by the court (typically 60 days after the 341 meeting), the debt will be discharged.