Legal Question in Bankruptcy in California

bad checks and bankruptcy

can my employer be penalized for issuing a bad check before or after declaring bankruptcy?


Asked on 2/14/02, 5:06 pm

3 Answers from Attorneys

Mark Markus Law Office of Mark J. Markus

Re: bad checks and bankruptcy

I'm not sure I understand the question. Was the check bad because of the bankruptcy filing or is that just incidental? Writing bad checks is a crime under California law.

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Answered on 2/14/02, 5:08 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: bad checks and bankruptcy

Yes. Knowingly issuing a bad check is not only (potentially) a crime, but if it is for wages, it subjects the employer to additional liability for damages. If the check is for wages, because wages are a priority claim in all types of bankruptcy, they have to be paid back, period.

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Answered on 2/14/02, 5:10 pm
Victor Hobbs Victor E. Hobbs

Re: bad checks and bankruptcy

If the bad check was for wages that were owed you it probably wasn't a crime. However, it would be a priority debt. However, if the check was issued to induce you to do something. Then it probably is a crime. And if you performed labor. Then again it was a priority debt.

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Answered on 2/14/02, 5:26 pm


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