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Bankruptcy Law/Are large sums of NSF checks dischargeable

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Question
I have a customer who bounced about $12,000 in checks which were issued for the purpose of purchasing inventory.  This occured around the first of the year.  We have made attempts to get him to pay but have not had any success.  I now am hearing that he is filing for bankruptcy.  As passing NSF checks is a Felony, is the debt dischargeable?

Answer
Hi Lou.
The balance would be dischargeable for NSF checks, unless there was fraud involved.  However, although dischargeable, the creditor could refer your file to the states attorneys office for criminal charges, as writing NSF checks is quasi criminal in nature.  Therefore, you would usually have to pay back the NSF checks.

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Terry Leeders

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Handles Chapter 7 and Chapter 13 bankruptcy cases.
10 years of extensive bankruptcy experience. Filed over 3000 cases
Chicago Bankruptcy Lawyer website
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I have been practicing bankruptcy law for 10 years. I have helped over 3000 consumer bankruptcy clients in that time.

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Chicago Bar Association Illinois Bar Association

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author of Chicago Bankruptcy Blog
Chicago Chapter 13 Bankruptcy Blog
Illinois Bankruptcy Law Blog
Fresh Start Partners

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University of Illinois Thomas M. Cooley Law School
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