Legal Question in Bankruptcy in California

Checkwriting after filing

In 2002 my mother filed for chapter 7 bankruptcy she was granted a disscharge. Telecheck will not write off her debt with them can they do that? Her attorney contacted in writing that they are vilolating the law and she wrote to them faxed them a copy of her bankruptcy any help will be appreciated.


Asked on 12/14/04, 12:17 pm

1 Answer from Attorneys

Mark Markus Law Office of Mark J. Markus

Re: Checkwriting after filing

My understanding about telecheck is that they are not reporting discharged debts, they are reporting the fact that a person wrote a "bad" check with insufficient funds. That is not something a bankruptcy can necessarily wipe out, even though the debt itself (fees owed from the bad check) may be discharged. I hope her attorney is successful but I have found that historically it is very difficult to get telecheck to remove any negative records like that.

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Answered on 12/14/04, 12:31 pm


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