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Bad checks and bankruptcy: can your debtor discharge your "NSF" debt?

Business Credit

| November 01, 2006 | Blakeley, Scott | COPYRIGHT 2006 National Association of Credit Management. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

You conclude that a sole proprietor applicant is too much credit risk and you insist on a cash payment for the initial order. You authorize shipment of the goods, with your delivery driver to pick up a check from your customer. The goods are delivered, but the business check is returned "NSF".

The customer files personal bankruptcy and schedules your claim, which is based on the NSF check, as unsecured and to be discharged through the bankruptcy. By virtue of the customer issuing the bad check, do you have a legal basis to have your claim deemed nondischargable, and the debt survive the customer's bankruptcy, thereby allowing you to pursue payment in the future?

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