Legal Question in Credit and Debt Law in Georgia

Can I file them in Bankruptcy?

I received a check from a company I worked for drawn on BankOne, and cashed it at ACE Check Cashing Service, but after about three weeks, I was notified that the check did not clear the bank. ACE contacted me and requested proof showing how I received the check, and I sent them all the documentation they requesting to show I received this check in an honest manner. They are now calling threating me,and writing me about pay them back the money. They say they are protected under the Uniform Commercial Code 3.302, but I am preparing to file bankrupt, so can I include them in the bankruptcy.


Asked on 3/26/05, 9:18 pm

1 Answer from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Can I file them in Bankruptcy?

Probably, but you should talk to the attorney handling your bankruptcy. If you don't have one, I strongly suggest you retain one so you don't fail to discharge a particular debt or have the proceeding dismissed for a technical mistake.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 3/28/05, 7:40 am


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