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Cheque issued by a bankrupt.

I recently accepted a cheque for $1117.00 from a person as payment for services. The cheque was returned NSF. I found that the person was actually a bankrupt when he wrote the cheque. What do I do now? Is it a crime in Canada to issue a rubber cheque like it is in the U.S? Can I file a criminal complaint against him? Do I contact the trustee to try get the money? Or is it better to just tear up the cheque and walk away?

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One Response to “Cheque issued by a bankrupt.”

A licensed trustee said...

You’ll have to decide for yourself how much effort you want to put into this, but if the cheque was payment for goods or services received AFTER the person filed for bankruptcy then your transaction is EXCLUDED from the bankruptcy. In other words, you may take legal action to collect your money.

If the payment was for goods or service received PRIOR to filing bankruptcy then you aren’t entitled to payment, but you may want to advice the bankrupt’s trustee of their conduct and then discuss your options regarding the person’s discharge (release) from bankruptcy.

In regards to criminal charges, you’ll have to speak to a lawyer or the police.