Can I discharge a bank overdraft or non-sufficient funds check?
There is nothing in the Bankruptcy Code that excepts bank account overdrafts or non-sufficient funds checks from being discharged in a bankruptcy proceeding. These type of debts are commonly included in a chapter 7 or 13 bankruptcy and may be discharged unless they were incurred pursuant to an intentionally fraudulent scheme. Bad check criminal charges brought by “bad check” units of local prosecuting attorneys are generally stayed by the automatic stay in the bankruptcy proceeding.
