BigSister79
Junior Member
What is the name of your state (only U.S. law)? CT
I filed for bankruptcy in October of 2008. A little over a week ago, I was served with an order to appear in court over a bad check. The check was a rent check for $680. It was written in 2007, by me, from a joint checking account that I had with my girlfriend. When I filed the bankruptcy, the back rent (including the amount of the bad check) was included in the discharged debts. Am I liable for restitution? What about my ex-girlfriend? She was on the checking account and the lease. What happens if I plead guilty? Not guilty?
I understand that I am facing criminal charges, a Class A misdemeanor to be exact, for the act of writing the check. However, I am having a hard time understanding how I can now be held liable by the court for debt that was discharged through the court. I am willing to pay for the act, just not the debt. I have been doing some homework regarding the matter. I have read up on the CT Statutes regarding bankruptcy and larceny, I just can’t find where and if the two connect. I can’t afford to pay the $680, or go to jail, nor can I afford an attorney (or I wouldn’t be here right now). I am supporting my mother and my 12 year old sister. I went to apply for a public defender, but my income came out just above the cut-off.
I have no past criminal history. I am a hard working, very quick learner, and I am confident that I could represent myself in this case with minimal guidance. I don’t want things to get messy; I just need to know what my options are and how to minimize the damage. I have all of my bankruptcy paperwork and I am going to the court clerk tomorrow to get copies of my case file regarding the check. It may also help to mention that I went through pre- and post-bankruptcy discharge credit counseling. Please help. Thank you for your time and consideration.
I filed for bankruptcy in October of 2008. A little over a week ago, I was served with an order to appear in court over a bad check. The check was a rent check for $680. It was written in 2007, by me, from a joint checking account that I had with my girlfriend. When I filed the bankruptcy, the back rent (including the amount of the bad check) was included in the discharged debts. Am I liable for restitution? What about my ex-girlfriend? She was on the checking account and the lease. What happens if I plead guilty? Not guilty?
I understand that I am facing criminal charges, a Class A misdemeanor to be exact, for the act of writing the check. However, I am having a hard time understanding how I can now be held liable by the court for debt that was discharged through the court. I am willing to pay for the act, just not the debt. I have been doing some homework regarding the matter. I have read up on the CT Statutes regarding bankruptcy and larceny, I just can’t find where and if the two connect. I can’t afford to pay the $680, or go to jail, nor can I afford an attorney (or I wouldn’t be here right now). I am supporting my mother and my 12 year old sister. I went to apply for a public defender, but my income came out just above the cut-off.
I have no past criminal history. I am a hard working, very quick learner, and I am confident that I could represent myself in this case with minimal guidance. I don’t want things to get messy; I just need to know what my options are and how to minimize the damage. I have all of my bankruptcy paperwork and I am going to the court clerk tomorrow to get copies of my case file regarding the check. It may also help to mention that I went through pre- and post-bankruptcy discharge credit counseling. Please help. Thank you for your time and consideration.