Does a bankruptcy protect one from crimianl charges for wrting a bad check? The bank acct was closed after check written.

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Does a bankruptcy protect one from crimianl charges for wrting a bad check? The bank acct was closed after check written.

Asked on June 24, 2009 under Criminal Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Generally speaking, bankruptcy only removes, or at least consolidates and moderates, debts; it does not affect criminal liability.

However, if you are saying that a check was written, then the bank account was closed due to the bankruptcy, there should be no criminal liabilty, *unless* you knew and were counting on that happening (and it can be proven.) Crimes require a criminal mental state, called a "mens rea"--generally, the intention to commit the crime, though sometimes extreme carelessness is enough. But accidentally writing a check on an account that was later closed owing to a bankruptcy is not criminal behavior.


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