Can a bad check to a creditor be discharged in a chapter 13? Generally speaking, the writing or the issuing of a bad check is a crime. What is a bad check may be defined differently in individual states. Most states will give a chance to cure a bad check before prosecution. The bankruptcy will not protect you from criminal prosecution and will not discharge criminal liability for restitution, costs or fines. In addition, you can be arrested, notwithstanding the bankruptcy. While it is strongly recommended that you satisfy all bad checks before you file for bankruptcy protection, the payment should be made after having legal counsel in order to best address the civil and criminal ramifications of these matters.